Patna High Court
Hasmuddin @ Md. Hasmuddin @ Md. HasmudinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Hasmuddin, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 93.9 litres of Nepali liquor. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no involvement in the liquor seizure. The State opposed his bail application. Considering the facts, the period of custody since 07‑02‑2026, and the lack of direct evidence against him, the Court inclined to grant bail. The Court ordered his release on a bail bond of Rs.10,000 with two sureties of the same amount. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material in his possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33819 of 2026
Arising Out of PS. Case No.-520 Year-2024 Thana- DHAKA District- East Champaran
======================================================
Hasmuddin @ Md. Hasmuddin @ Md. Hasmudin S/o Nasuriddin @ Md.
Nasuriddin R/o vill - Shikarganj, ward no. 7, P.S.- Shikarganj, Distt.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.Iii, Adv.
For the Opposite Party/s : Mr. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Dhaka PS
Case No. 520 of 2024 instituted for the offences under Section/s
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 93.9 liters of
Nepali liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
in custody since 07.02.2026 and has got eight criminal
Patna High Court CR. MISC. No.33819 of 2026(3) dt.24-06-2026
2/2
antecedents.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of concerned Court in
connection with Dhaka PS Case No. 520 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Siddharth Soni/-
U T
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