Patna High Court
Md. SamsuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Md. Samsuddin, was arrested after 160 litres of country‑made liquor were seized from an e‑rickshaw. He contended that he was merely a commuter, not the owner or driver, and had no knowledge of the liquor’s presence, nor was any liquor recovered from his personal possession. The petition sought bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, arguing that the seizure violated mandatory procedural requirements and that there was no independent witness to the seizure list. The court noted the petitioner’s clean record, the lapse of procedural safeguards in the seizure, and his continued detention since 6 April 2026. Accordingly, the court ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the trial court.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act in view of alleged non‑compliance with mandatory seizure procedures and the petitioner’s lack of knowledge or possession of the liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise law
- illegal liquor
- search and seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36349 of 2026
Arising Out of PS. Case No.-236 Year-2026 Thana- EXCISE MASAUDHI District- Patna
======================================================
Md. Samsuddin S/o Late Md. Nijamuddin Resident of Mohalla- Sabjibagh,
P.S.- Pirbahore, Dist.- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) and 32 (3) of the Bihar
Prohibition and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 160 liters of country made liquor is
said to have been recovered from an e-rickshaw.
4. It is submitted by learned counsel for the petitioner
that the petitioner happens to be a simple commuter and had no
knowledge of keeping of the said liquor in the e-rickshaw. The
petitioner is neither the owner nor the driver of the said e-
rickshaw. No recovery has been made from his personal or
conscious possession. There is violation of the mandatory
Patna High Court CR. MISC. No.36349 of 2026(2) dt.09-06-2026
2/2
provisions of the search and seizure as there is no independent
witness to the seizure list. Petitioner has been languishing in
custody since 06.04.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of mandatory provisions of seizure coupled
with the fact that petitioner has no criminal antecedent, the
above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Excise Masaurhi P.S. Case No. 236 of 2026.
(Soni Shrivastava, J)
Trivedi/-
U T
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