Patna High Court
Md. Mobassir @ Dabboo @ Mohammad Mobashir HassanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that bail should be granted to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Md. Mobassir, a mechanic in a garage, was implicated in a case (Bihar P.S. No.169 of 2026) for alleged offences under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act after police recovered 108 litres of illicit beer from a Swift Dzire car kept in the garage. The petitioner contended that he had no ownership or control over the vehicle or the contraband and that no material satisfying the stringent requirements of Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act was produced against him. The State opposed bail, arguing that the recovery from a vehicle stored in the garage indicated the petitioner’s active complicity. The Court, noting the petitioner’s lack of criminal antecedent, the absence of the vehicle in his name, and the failure to produce material under Section 76(2), granted bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within four weeks if arrested and required one bailor to be a close relative.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor from a vehicle kept in his garage.
- Whether the prosecution has produced material sufficient under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act to justify denial of bail.
- Whether conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56
- Bihar Prohibition and Excise (Amendment) Act — s. 76(2)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 76(2)
- Section 482(2)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35378 of 2026
Arising Out of PS. Case No.-169 Year-2026 Thana- BIHAR District- Nalanda
======================================================
Md. Mobassir @ Dabboo @ Mohammad Mobashir Hassan, Son of Late Md.
Zeyaul Haque, Resident of Mohalla- Khankah, P.S.- Laheri, P.O. and Town-
Bihar Sharif, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arsam, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 01-06-2026 Heard learned Advocate for the petitioner and the
learned APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Bihar P.S. Case No. 169 of 2026 registered for
the offences under Sections 30(a), 41 and 56 of the Bihar
Prohibition and Excise Act.
3. Acting on a tip off, the police conducted raid in a
garage and apprehended one Md. Samir. During the course of
search, total 108 litres of illicit beer has been recovered from a
Swift Dzire car, bearing registration no. BR01FL7457. The
petitioner is said to be the partner and mechanic of the said
garage.
4. Learned Advocate for the petitioner submitted that
the alleged recovery was made from a Swift Dzire car and the
Patna High Court CR. MISC. No.35378 of 2026(2) dt.01-06-2026
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petitioner has neither any concern with the said vehicle nor with
the alleged illicit beer. However, only on account of the fact that
the petitioner is a mechanic in the said motor vehicle garage, his
name has been implicated in this case without there being any
cogent material. The aforesaid position also get strengthen from
the fact, the petitioner does not bear any criminal antecedent.
During the course of investigation, no other material has been
collected, which attract the rigors provided under Section 76(2)
of the Bihar Prohibition and Excise (Amendment) Act. The
petitioner undertakes that he will fully cooperate in the
proceeding of the court.
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that the
alleged recovery has been made from the vehicle, which was
kept in the garage of the petitioner, suggesting his active
complicity.
6. Regard being had to the submissions made on
behalf of the parties and taking note of the fact that the
petitioner is said to be a mechanic in the garage, coupled with
the fact that the vehicle, in question, from which recovery has
been made, does not belong to the petitioner, as also absence of
the materials which attract the rigor provided Section 76(2) of
Patna High Court CR. MISC. No.35378 of 2026(2) dt.01-06-2026
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the Bihar Prohibition and Excise (Amendment) Act and the fair
antecedent of the petitioner, let the petitioner, named above, in
the event of his arrest or surrender before the court below within
four weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional District
and Sessions Judge-V-cum- Special Judge (Excise), Nalanda at
Biahr Sharif in connection with Bihar P.S. Case No. 169 of
2026, subject to the condition as laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the
further condition that one of the bailors shall be the own/close
relative of the petitioner.
(Harish Kumar, J)
uday/-
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