Patna High Court
Md. BarkatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specified conditions.
Summary
The petitioner, Md. Barkat, was arrested on 11 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 85 litres of country-made liquor seized from a scooty, not from his conscious possession. He filed a bail petition, arguing that the seizure was not from his direct control and that he had been in custody since the date of arrest. The State opposed bail, noting that the petitioner had another similar case pending, though he was already on bail in that matter. The Court examined the facts, considered the nature of the offence and the petitioner’s custody, and ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the seized liquor was not found in his conscious possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure of liquor
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36581 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Md. Barkat S/o Late Md. Yasin @ Md. Ashif Resident of Bhagwan Chowk,
Sita Nagar, P.S. - Town, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh,Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr.Ajit Kumar Singh, learned counsel for the
petitioner and Mr.Sanjay Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
11.04.2026 in connection with Muffasil P.S. Case No. 135 of
2026, F.I.R. dated 11.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 85 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the
Scooty in question and the seizure list witnesses are police
personnel and the petitioner is in custody since 11.04.2026.
Patna High Court CR. MISC. No.36581 of 2026(2) dt.15-06-2026
2/3
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one of similar nature but he
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge, Exclusive Special Excise Court-II, Katihar in
connection with Muffasil P.S. Case No. 135 of 2026, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.36581 of 2026(2) dt.15-06-2026
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any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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