Patna High Court
Md. ArshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioners are entitled to bail as the liquor was recovered from a vehicle not owned by them and no conscious possession was established.
Summary
The petitioners, Md. Arshad and Bablu Mandal, were arrested in connection with a case under the Bihar Prohibition & Excise Act, 2022 for alleged possession of 136.7 litres of foreign liquor recovered from a tempo that they did not own. They contended that they were falsely implicated and that the liquor was not in their conscious possession. The State opposed their bail application. The court examined whether the seizure was linked to the petitioners and considered the adequacy of bail conditions. Finding that the recovery was from the vehicle and not directly from the petitioners, the court ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Exclusive Special Excise Court‑II, Katihar.
Issues considered
- Whether the petitioners are entitled to bail despite the seizure of liquor under the Bihar Prohibition & Excise Act, 2022
- Whether the petitioners were in conscious possession of the seized liquor
- Whether the allegations constitute false implication
Legislation cited
- Bihar Prohibition & Excise Act, 2022 — s. 30(a), 32, 41
Subjects
- bail
- false implication
- possession
- excise law
- liquor seizure
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33823 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- MANSAHI District- Katihar
======================================================
1. Md. Arshad, aged about 24 yesars, Male, S/o Md. Ayub, R/o Matiya, Ward
No. 07, P.S.- Mufassil, District- Purnia
2. Bablu Mandal, aged about 40 years, Male, S/o Manik Mandal R/o Rautara,
Ward No. 02, P.S.- Rautara, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
APP for the State through virtual modes.
2. The petitioners are in custody in a case registered
for the offence punishable under Sections 30(a), 32 and 41 of
the Bihar Prohibition & Excise Act, 2022.
3. As per allegation in the FIR, total 136.700 liters of
foreign liquor has been recovered from a tempo bearing
registration no.BR-11T-3941.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. He next
submits that nothing has been recovered from the conscious
possession of the petitioners rather the recovery was made from
Patna High Court CR. MISC. No.33823 of 2026(2) dt.20-05-2026
2/2
the said tempo and the same does not belongs to the petitioners.
Petitioners are in custody since 25.03.2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In view of the aforesaid submission of learned
counsel for the petitioners, let the above named petitioners be
released on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-II,
Katihar in connection with Mansahi P.S. Case No. 70 of 2026.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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