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Patna High Court

Samshad Aalam @ Sham Shad MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Samshad Aalam, was arrested in connection with the seizure of 220 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 31 December 2025 and applied for bail, asserting his innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of equal amount, deposit the Rs. 25,000 donation with the Ramakrishna Mission Ashram and produce the receipt, and attend Turkauliya Police Station every Sunday. The bail bonds are to be verified by the Exclusive Special Excise Court. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • criminal procedure
  • surety
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17375 of 2026
                  Arising Out of PS. Case No.-865 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Samshad Aalam @ Sham Shad Miya S/o- Reyajul Miyan R/v- Turkauliya Ps-
                 Turkauliya Dist- East Champaran
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Harsidhi P.S. Case No. 865 of 2025 registered for the offence

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                                  3. The recovery is of 220 liters of country made

                   liquor from the Tempo.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 31.12.2025.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.

                                  7. Considering the facts and circumstances of the

                   case and submissions of learned counsel for the petitioner, let

                   the petitioner, above named, be released on bail upon furnishing
          Patna High Court CR. MISC. No.17375 of 2026(2) dt.16-03-2026
                                                       2/2




                    bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                    like amount each to the satisfaction of the learned Exclusive

                    Special       Excise       Court         No.    -1,   East   Champaran,

                    Motihari/concerned Court below in connection with Harsidhi

                    P.S. Case No. 865 of 2025.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Mission Ashram, Swami Vivekanand Path, Bela,

                    Muzaffarpur and produce the receipt of the same before the

                    Court below. The bail bonds of the petitioner shall be accepted

                    after verifying the genuineness of the receipt produced by the

                    petitioner.

                                    9. As a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at

                    Turkauliya Police Station on every Sunday of each month. Any

                    default in appearance at the police station will result in

                    cancellation of bail bonds of the petitioner.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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