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Patna High Court

Md. Ashique Alam @ AshiqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Md Ashique Alam, was arrested as the driver of a vehicle from which 179.280 litres of liquor were seized, and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he was merely a driver without knowledge of the contraband. The State opposed his bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and his single prior criminal antecedent. The Court considered the facts, the period of custody since 28‑01‑2026, and the statutory provisions, and decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

  • Whether bail should be granted to the driver accused under the Bihar Prohibition and Excise Act despite the seizure of a large quantity of liquor.
  • Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with in the arrest.
  • Whether a driver can be held liable for possession of contraband without knowledge of the goods.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • driver liability
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13733 of 2026
                     Arising Out of PS. Case No.-104 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Md. Ashique Alam @ Ashique s/o Md Mojahid Alam R/O Vill.- Haria Bala
                 ward no. 06, P.S. and District- Araria


                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Madya

                   Nisedh P.S. Case No. 104 of 2026, Special Case No. 105 of

                   2026 instituted for the offences punishable under Sections 30(a),

                   32(3) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 179.280

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.13733 of 2026(2) dt.26-02-2026
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          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 28.01.2026 and has

          one criminal antecedent. There is no compliance of Section 103

          of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Madya Nisedh P.S.

          Case No. 104 of 2026, Special Case No. 105 of 2026, subject to

          the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.13733 of 2026(2) dt.26-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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