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Patna High Court

Md. Mumtaj AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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