Patna High Court
Md. HamidversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.