Patna High Court
Md MustafaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the petitioner was not shown to have conscious possession of the illicit liquor.
Summary
Md Mustafa, the registered owner of a scooty, was implicated in a case alleging illegal manufacturing and trading of illicit liquor after 26 litres of liquor were recovered from the vehicle. The petitioner argued that his only connection to the contraband was ownership of the scooty and highlighted his clean antecedent. The State opposed bail, contending the alleged offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The High Court observed that the recovery of liquor did not prima facie demonstrate the petitioner's conscious possession and, considering his clean record, found no justification to deny bail. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The order effectively disposes of the bail petition.
Issues considered
- Whether the petitioner, as the registered owner of the vehicle from which illicit liquor was recovered, is entitled to bail.
- Whether the recovery of liquor establishes conscious possession sufficient to deny bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- bail
- illicit liquor
- excise law
- possession
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9724 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Md Mustafa son of Md Salim Resident of village- Bghmara Ward no. 07, Ps-
Thakurganj, Dist- Kishanganj. ... ... 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 : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Madhya Nisedh P.S. Case No. 861 of 2025, giving
rise to Special Case No. 878 of 2025 registered for the offences
punishable under Sections 30(a) and 32(3) of the Bihar Prohibition
and Excise Act.
3. The allegation against the petitioner is to be engaged
in illegal trading/manufacturing of illicit liquor, where, there is
recovery of 26 litres of IMFL/country made liquor from scooty.
4. Learned counsel appearing on behalf of the petitioner
submitted that implication of this petitioner is only for the reason
that he is the registered owner of the alleged scooty from where
recovery of alleged illicit liquor was made. It is submitted that
Patna High Court CR. MISC. No.9724 of 2026(2) dt.17-02-2026
2/2
petitioner is a man of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances as
recovery of illicit liquor prima facie not appears to be made from
the conscious physical possession of this petitioner, who is a man of
clean antecedent, accordingly, above named petitioner, in the
event of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be released
on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise-II,
Kishanganj/concerned Court, where the case is pending in
connection with Madhya Nisedh P.S. Case No. 861 of 2025, giving
rise to Special Case No. 878 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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