Patna High Court
Mohammad Tanveer AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
Anticipatory bail was denied.
Summary
The petitioner, Mohammad Tanveer Ahmad, sought anticipatory bail after a tempo registered in his name was seized containing 180 litres of illicit country‑made liquor. The liquor was alleged to be contraband under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he was falsely implicated because the liquor was not found in his conscious possession and he has a clean record. The State opposed the bail, emphasizing the large quantity of liquor recovered from the vehicle owned by the petitioner. Considering the seriousness of the offence and the petitioner’s ownership of the vehicle from which the liquor was seized, the Court rejected the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to a person whose vehicle, registered in his name, was found containing a large quantity of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal procedure
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39585 of 2026
Arising Out of PS. Case No.-319 Year-2026 Thana- SHASTRINAGAR District- Patna
======================================================
Mohammad Tanveer Ahmad S/O Late Ibrar Ahmad R/O Village- Magadh
Colony, Ward No. 22 B, Sadaqat Ashram, P.S- Digha, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bibhakar Tiwary, Advocate
For the State : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 180 liters illicit country
made liquor was recovered from the seized tempo of which this
petitioner is registered owner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has falsely been
implicated in this case merely because he happens to be owner
of the vehicle in question. Nothing has been recovered from the
conscious possession of this petitioner. Petitioner claims clean
antecedents.
Patna High Court CR. MISC. No.39585 of 2026(2) dt.23-06-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of liquor was
recovered from the seized vehicle of which this petitioner is
registered owner.
6. Considering the nature of accusation and the fact
that huge quantity of illicit liquor was recovered from the seized
vehicle of which this petitioner is registered owner, the prayer
for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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