Patna High Court
Md. Mumtaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to regular bail as the allegations do not demonstrate conscious possession of the seized liquor and the period of custody is not excessive.
Summary
The petitioner, Md. Mumtaj Alam, was arrested in connection with the recovery of 1,676.16 litres of liquor from four vehicles and a godown, alleged to be offences under IPC sections 272, 273/34 and Section 30(a) of the Bihar Prohibition and Excise Act. He had two prior cases under the Excise Act and had been in custody since 15‑04‑2026. The petitioner argued that he was not arrested at the spot, no liquor was found in his conscious possession, and his only link was ownership of one seized vehicle, with no relation to the godown owner. The State opposed regular bail. The court, after considering the submissions and the length of custody, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged offences under IPC and the Bihar Prohibition and Excise Act and his prior excise cases
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- antecedent cases
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36749 of 2026
Arising Out of PS. Case No.-7 Year-2022 Thana- BELA INDUSTRIAL District- Muzaffarpur
======================================================
Md. Mumtaj Alam Son of Md. Safik Resident of Village- Dadar
Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 272 and 273/34 of the
Indian Penal Code as well as Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is in custody since 15.04.2026 and allegation is of recovery of
1676.16 litres of liquor from four different vehicles and from the
godown of Amit.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
Patna High Court CR. MISC. No.36749 of 2026(2) dt.01-07-2026
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owner of one of the seized vehicles. It is next submitted that
petitioner has no concern or relation with Amit. It is also
submitted that no prudent person would use his own vehicle for
committing an occurrence and, thus, would create evidence
against himself and, hence, would get implicated.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner and taking into
consideration the period of custody, the petitioner, above-
named, is directed to be released on bail on furnishing bail
bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties
of the like amount each to the satisfaction of the learned Trial
Court where the case is pending in connection with Bela
Industrial P.S. Case No. 07 of 2022.
(Satyavrat Verma, J)
Kundan/-
U T
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