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Patna High Court

Md. Rehan Alam @ Md. RehanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.

Summary

The petitioner, Md. Rehan Alam, was arrested after his vehicle was intercepted and 274.200 liters of illicit foreign liquor were seized, leading to charges under Sections 30(a) and 47 of the Bihar Prohibition & Excise Act. He claimed to be merely the driver, not the owner, and asserted innocence, citing lack of independent witnesses to the seizure and a clean antecedent. The State opposed bail, maintaining the seriousness of the alleged offence. The court, considering the petitioner’s custody period, clean record, and the circumstances of the case, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as one bailor and compliance with court dates, with cancellation provisions for non‑appearance.

Issues considered

  • Whether bail should be granted to the accused in an excise case involving alleged possession of illicit liquor under the Bihar Prohibition & Excise Act.
  • Whether the petitioner’s claim of being only a driver and having no ownership interest affects the bail decision.
  • Whether the lack of independent witnesses to the seizure justifies bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • seizure
  • ownership
  • criminal procedure
  • Bihar Prohibition & Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10565 of 2026
                        Arising Out of PS. Case No.-45 Year-2026 Thana- Excise P.S. District- Purnia
                 ======================================================
                 Md. Rehan Alam @ Md. Rehan S/o Md. Masleuddin, Resident of Murajpur,
                 Ward No 6, P.S- Dagarua, District - Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sumit Kumar Bhagat, Advocate
                 For the Opposite Party/s :         Mr.Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Excise P.S. Case No. 45 of 2026, registered for

                   the alleged offence under Sections 30(a)/47 of the Bihar

                   Prohibition & Excise Act.

                                3. As per prosecution case, on secret information, the

                   vehicle of the petitioner was intercepted and the petitioner was

                   apprehended and recovery of total 274.200 liters of illicit

                   foreign liquor was made from his vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is stated to be the driver of the vehicle, but

                   he is innocent. He is not the owner of the vehicle and he has no
Patna High Court CR. MISC. No.10565 of 2026(2) dt.17-02-2026
                                            2/3




          concern with the seized liquor. There is no independent witness

          to the search and seizure. The petitioner is in custody since

          18.01.2026 and is having clean antecedent.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with his clean

          antecedent, the petitioner above named is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Judge, Excise Court No. 2,

          Purnea/court concerned in connection with Excise P.S. Case No.

          45 of 2026, subject to the conditions mentioned in Section

          480(3) of BNSS and the following conditions:

                        (i) One of the bailors will be a close relative of

                        the petitioner.

                        (ii) The petitioner will remain present on each

                        and every date fixed by the court below.

                        (iii) In case of absence on three consecutive

                        dates or in violation of the terms of the bail, the

                        bail bond of the petitioner will be liable to be
           Patna High Court CR. MISC. No.10565 of 2026(2) dt.17-02-2026
                                                       3/3




                                   cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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