Patna High Court
Md. Rehan Alam @ Md. RehanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Instruments (BNSS) — s. 480(3)
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
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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
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cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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