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Patna High Court

Md. Azad AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the petitioners are entitled to regular bail as the police lacked authority to examine the alleged shortage and the petitioners have no prior criminal record.

Summary

The petitioners, Md Azad Alam and Rajeev Kumar, were arrested in connection with an alleged shortage of 4,000 litres of ethanol from a 12,000‑litre oil tanker, and charged under several sections of the BNS, the Explosive Substance Act and the E.C. Act. They contended that the allegation pertained only to under‑loading, for which the police had no authority to inspect, and that they had no criminal antecedents and had been in judicial custody since 7 January 2026. The State opposed the grant of regular bail. The Court, after considering the facts, held that the police lacked jurisdiction to probe the alleged deficiency and noted the petitioners’ clean record and prolonged detention. Consequently, the Court ordered the release of both petitioners on regular bail, each to furnish a bond of Rs 10,000 with two sureties, subject to the satisfaction of the SDJM, East Champaran.

Issues considered

  • Whether the police had the authority to investigate the alleged under‑loading of ethanol in the tanker.
  • Whether the petitioners are entitled to regular bail despite the charges under the BNS, Explosive Substance Act and E.C. Act.

Legislation cited

  • BNS — s. 317(5), 336(3), 338, 340(2), 3(5)
  • E.C. Act — s. 7

Subjects

  • regular bail
  • shortage of ethanol
  • police authority
  • overloading
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17831 of 2026
                 Arising Out of PS. Case No.-5 Year-2026 Thana- RAMGARHWA District- East Champaran
                 ======================================================
           1.     Md. Azad Alam S/o Md. Imtiyaz @ Md. Imtiyez Alam R/o Vill- Maker, P.S.-
                  Akbarpur, Distt- Nawada
           2.    Rajeev Kumar S/o Sunil Sharma R/o Vill- Maker, P.S.- Akbarpur, Distt-
                 Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. N.K. Agarwal, Sr. Advocate
                                                Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :     Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 338,

                   336(3), 340(2), 317(5) and 3(5) of BNS, Section 3/4 of

                   Explosive Substance Act and Section 7 of E.C. Act.

                                 3. The case of the prosecution is that in a oil tanker,

                   altogether 12000 liters of ethanol was found. When the

                   petitioners were being asked regarding the authority, it was

                   found that the ethanol was four thousand less than the

                   documents which were shown by the petitioners.

                                 4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.17831 of 2026(2) dt.24-03-2026
                                            2/3




          petitioners are innocent and have committed no offence.

          Learned counsel for the petitioners has submitted that from

          perusal of the FIR, it is clear that the only allegation against the

          petitioners is that the oil tanker which was searched was having

          four thousand liters less of the ethanol according to the

          documents as produced before police. Learned counsel has

          submitted that regarding the insufficiency of the ethanol in the

          oil tanker, police has got no authority to check it, only authority

          is where there is overloading, it is not a case of overloading

          rather it is a case of under-loading. It is the owner of the

          container or the person who has to receive the consignment is

          the person who can ask about the deficiency in the amount of

          the ethanol. A statement has been made in para-3 of this petition

          that the petitioners have got no criminal antecedent. Moreover,

          they are languishing in judicial custody since 07.01.2026.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioners on bail. The above named

          petitioners are directed to be released on bail in connection with

          Ramgarhwa P.S. Case No. 05 of 2026 on furnishing bail bond of
            Patna High Court CR. MISC. No.17831 of 2026(2) dt.24-03-2026
                                                        3/3




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

                      amount each to the satisfaction of learned S.D.J.M., East

                      Champaran at Motihari.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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