Patna High Court
Md. Mujlim @ Md. MujamilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified surety, donation, and attendance conditions.
Summary
The petitioner, Md. Mujlim, was arrested as the alleged driver of a Scorpio vehicle from which 702 litres of illicit liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He applied for bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition of furnishing two surety bonds of Rs.10,000 each, depositing Rs.25,000 with Ramakrishna Math, and reporting to the police station on specified Sundays. The Court also ordered verification of the petitioner’s antecedents before accepting the bail bonds and clarified that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused driver in a case of illicit liquor seizure under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the accused’s attendance and compliance.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- surety
- charitable donation
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39552 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- Rajeshwari District- Supaul
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Md. Mujlim @ Md. Mujamil S/o Md. Jahir Resident of Village - Chakardaha,
Ward no. - 15, P.S. - Narpatganj, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Rajeshwari P.S. Case No. 44 of 2026 registered for the offence
under Section 30(a) pf the Bihar Prohibition and Excise Act,
2022.
3. The recovery is of 702 liters of illicit liquor from a
scorpio vehicle of which the petitioner is said to be the driver.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 23.03.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.39552 of 2026(2) dt.22-06-2026
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6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Rajeshwari P.S. Case No. 44 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnia and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Narpatganj Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
Patna High Court CR. MISC. No.39552 of 2026(2) dt.22-06-2026
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the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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