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Patna High Court

AbutalhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioners were not shown to have direct possession of the illicit liquor and have a clean antecedent.

Summary

The petitioners, Abutalha and Md. Sadik, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, alleging possession of 217.5 litres of illicit foreign liquor seized from a black Hyundai car. They contended that they were falsely implicated, had no ownership or control over the vehicle, and that no liquor was found in their conscious possession. The State opposed their bail application, arguing the seriousness of the offence. The court examined the submissions and noted the petitioners' clean antecedent and lack of direct involvement in the seizure. Consequently, the court ordered their release on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Exclusive Special Judge (Excise‑01), Purnea.

Issues considered

  • Whether the petitioners are entitled to bail despite the alleged involvement in an offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022
  • Whether the petitioners were falsely implicated and lack any conscious possession of the seized liquor

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44526 of 2026
                    Arising Out of PS. Case No.-239 Year-2026 Thana- PURNEA SADAR District- Purnia
                 ======================================================
           1.     Abutalha (Male), aged about 21 years, S/o Md. Khalil, Resident of Village
                  - Hariyabara, Ward No. 09, P.S - Araria, District - Araria
           2.    Md. Sadik (Male), aged about 20 years, S/o Md. Azad, Resident of Village -
                 Jigindar, Ward No. 11, P.S - Mahalgaow, District - Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh, Advocate
                                                  Ms. Divya Bharti, APP
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners are in custody in a case registered

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition & Excise Amendment Act, 2022.

                                 3. As per allegation in the FIR, total 217.500 illicit

                   foreign made liquor has been recovered from a black Hundai car

                   bearing registration no.WB-74BP-4668.

                                 4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. He next

                   submits that nothing has been recovered from the conscious

                   possession of the petitioners nor the petitioners are the owner of
          Patna High Court CR. MISC. No.44526 of 2026(2) dt.08-07-2026
                                                      2/2




                    the said vehicle and they have no concern about the recovery of

                    the seized liquor, petitioners have got clean antecedent as stated

                    in para-3 of the petition and they are in custody since

                    12.05.2026.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioners.

                                 6. In view of the aforesaid submissions as made by

                    learned counsel for the petitioners, let the above named

                    petitioners be released on bail on furnishing bail bond of

                    Rs.10,000/- (ten thousand) each with two sureties of the like

                    amount each to the satisfaction of learned Exclusive Special

                    Judge (Excise-01), Purnea in connection with Sadar P.S. Case

                    No. 239 of 2026.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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