Patna High Court
AbutalhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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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