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Patna High Court

Md. SamsuddinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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