Patna High CourtCR. MISC./30154/2026allowed

Md. Mamalat v. The State Of Bihar

2026-05-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30154 of 2026 Arising Out of PS. Case No.-257 Year-2025 Thana- JALALGARH District- Purnia ====================================================== Md. Mamalat S/o Md. Amjad @ Amjad Ali R/o vill - Kamalpur, ward no. 12, Thana- Jalalgarh, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution, in brief, is that altogether 205.560 litres of illicit foreign liquor were recovered from the vehicle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the seizure list witnesses are police personnel and the police did not comply

Patna High Court CR. MISC. No.30154 of 2026(2) dt.07-05-2026 2/2 with the mandatory provisions of Section 105 of the BNSS while effecting the seizure. Learned counsel further submits that the petitioner is merely the owner of the vehicle. The petitioner is stated to have criminal antecedent i.e. of different nature. Moreover, the petitioner is languishing in judicial custody since 25.03.2026

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalalgarh P.S. Case No. 257 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Purnea.

(Ashok Kumar Pandey, J) Jagdish/- U T