Patna High Court
Chhote AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Chhote Alam was arrested after 72 litres of liquor were recovered from a TVS vehicle, leading to charges under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, that no incriminating material was found on him, and that he was only the vehicle owner. He also pointed out a lack of compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023, and cited his single prior criminal antecedent. The State opposed bail, but the court considered the circumstances, the period of custody since 13‑11‑2025, and the absence of direct evidence. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted in an excise case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act despite the petitioner’s prior criminal antecedent.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023, precludes the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 103
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1983 of 2026
Arising Out of PS. Case No.-756 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Chhote Alam Son of Saiyad Ali @ Shaiyad Ali Resident of Village-
Dharambari, P.S.- Baikunthpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Excise P.S. case No.
756 of 2025 instituted for the offences under Sections 30(a) and
32 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 72 liters liquor
was recovered from TVS vehicle and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.1983 of 2026(2) dt.19-01-2026
2/2
further submitted that the name of the petitioner has transpired
as being owner of the vehicle. The petitioner is in custody since
13.11.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. case
No. 756 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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