Created by Fuzzy Cloud

Patna High Court

Md. HamidversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner owned the vehicle from which illicit liquor was recovered.

Summary

The petitioner, Md. Hamid, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor. The prosecution alleged that six litres of illicit liquor were recovered from behind the petitioner's house and three litres from his Tata Safari vehicle. The petitioner argued that no incriminating material was found in his conscious possession and that he was being accused merely on suspicion, asserting a clean antecedent. The State opposed the petitioner's request for anticipatory bail. The court, noting that the petitioner owned the vehicle from which liquor was seized, refused the prayer for anticipatory bail, thereby dismissing the bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34694 of 2026
                      Arising Out of PS. Case No.-123 Year-2022 Thana- MARAUNA District- Supaul
                 ======================================================
                 Md. Hamid S/O Md. Hanif R/O Village- Basmatiya Road, Birpur, Ward No.
                 6, P.S.- Birpur, Distt.- Supaul.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-05-2026                 Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in connection with S.T.

                   Excise No. 581 of 2022, arising out of Maraura P. S. Case No.

                   123 of 2022 registered for the offence punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                 3. As per prosecution case, 6 liters illicit liquor was

                   recovered from behind the house of petitioner and 3 litres illicit

                   liquor was recovered from the seized Tata Safari car of this

                   petitioner.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.
              Patna High Court CR. MISC. No.34694 of 2026(2) dt.15-05-2026
                                                          2/2




                                     5. Learned A.P.P. for the State opposes the prayer for

                        bail of the petitioner.

                                     6. Considering the fact that petitioner is owner of the

                        seized vehicle from which illicit liquor was recovered, prayer

                        for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.