Patna High Court
Daud Marandi @ Daud MurmuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Daud Marandi, was arrested in judicial custody for alleged possession of 10.5 litres of Nepali liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from his cycle, while the petitioner contended that nothing was seized and that the police failed to comply with Section 105 of the BNSS during seizure. The State opposed bail, citing a prior similar offence. The court examined the procedural lapse and the circumstances of the case, and despite the antecedent, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Judge, Excise‑II, Kishanganj.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process affects the bail application.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31554 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- JIYAPOKHAR District- Kishanganj
======================================================
Daud Marandi @ Daud Murmu Son of Late Sundar Marandi Resident of
Gilhabari, Haripara, P.S.- Jiapokhar, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jiyapokhar P.S. Case No.17 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner altogether 10.500 litres of Nepali
country made liquor was recovered from his cycle.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has further been submitted
that the witnesses of the seizure list are police personnel and
police have not complied Section 105 of the BNSS while
Patna High Court CR. MISC. No.31554 of 2026(2) dt.13-05-2026
2/2
making seizure. It has further been submitted that the petitioner
is in judicial custody since 24.03.2026.
5. The application for bail is opposed by learned APP
for the State. He has further submitted that the petitioner is
having criminal antecedent of one case of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Judge, Excise-II, Kishanganj in connection
with Jiyapokhar P.S. Case No.17 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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