Patna High Court
Akhter Alam @ AktharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to the stipulated conditions.
Summary
Akhter Alam was arrested in connection with the recovery of 258 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He filed a bail application asserting his innocence, a clean antecedent and willingness to donate Rs 25,000 to a charitable institution. The State opposed the bail. The Patna High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a Rs 10,000 bond with two sureties, deposit the Rs 25,000 donation with Ramakrishna Math, attend Kishanganj Police Station every Sunday, and have his antecedent verified. The order is confined to the bail matter and does not prejudice the merits of the trial. Non‑compliance with any condition would result in cancellation of the bail.
Issues considered
- Whether bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act
- What conditions may be imposed on bail in a case involving illicit liquor
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- surety
- antecedent verification
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19326 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Akhter Alam @ Akthar S/O Late Jamaluddin R/O Village- Lahra Fulwari P.S-
Kishanganj, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kochadhaman P.S. Case No. 114 of 2026 / Special Case No. 67
of 2026 registered for the offence under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The recovery is of total 258 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 1.3.2026.
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. He further submits that
the petitioner has clean antecedent.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.19326 of 2026(2) dt.31-03-2026
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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
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Kochadhaman P.S. Case No.
114 of 2026 / Special Case No. 67 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea 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
Kishanganj 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.
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
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the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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