Patna High Court
Samshad Aalam @ Sham Shad MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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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