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Patna High Court

Md. Mobassir @ Dabboo @ Mohammad Mobashir HassanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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/-

U        T


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