Patna High Court
Md. Muntasir @ Md. Muntazir Alam @ Md. MuntajirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to strict conditions.
Summary
The petitioners, Md. Muntasir and Md. Tausif, were arrested on 19‑04‑2026 in connection with a case involving the seizure of 181.560 litres of foreign liquor, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. They contended that the liquor was recovered from the vehicle and not from their personal possession, and argued that the investigating authorities had not complied with Sections 103 and 105 of the BNSS, rendering the charges weak. The State opposed bail, noting a criminal antecedent for petitioner‑2. The High Court examined the facts, the lack of direct possession, and the procedural lapses, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order also empowered the trial court to cancel bail if conditions are breached.
Issues considered
- Whether the petitioners are entitled to bail despite alleged offences under the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS bars the grant of bail.
- Whether the criminal antecedent of petitioner‑2 precludes bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal antecedent
- Section 103
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36787 of 2026
Arising Out of PS. Case No.-457 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
1. Md. Muntasir @ Md. Muntazir Alam @ Md. Muntajir S/o Md. Wasi @
Mohammad Wasik @ Md. Osi R/o Village - Maithari, PS. - Joki Hat,
District - Araria.
2. Md. Tausif S/o Md. Kaiyum R/o Village - Sisona(Sinauna), PS. - Jokihat,
Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
for the petitioners and Ms. Shaheen Begum, learned Additional
Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
19.04.2026 in connection with Madya Nisedh P.S. Case No. 457
of 2026, F.I.R. dated 18.04.2026 for the offences punishable
under Section 30(a) and 32(3) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 181.560 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioners are innocent and they have falsely been implicated in
the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.36787 of 2026(2) dt.16-06-2026
2/3
F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery has been made from the vehicle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS. The petitioners are in custody since 19.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners and submits that petitioner no.2 carries one criminal
antecedent and petitioner no.1 has clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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 the learned
Exclusive Special Judge Excise-II, Kishanganj in connection
with Madya Nisedh P.S. Case No. 457 of 2026, subject to the
following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.36787 of 2026(2) dt.16-06-2026
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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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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