Patna High Court
Md. Ashique Alam @ AshiqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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