Patna High Court
Sahnawaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, subject to specified conditions.
Summary
The petitioners, Sahnawaz Alam and Santosh Kumar, were arrested on 8 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for the recovery of 120 litres of country‑made liquor. They pleaded innocence, claimed they had been falsely implicated, and offered to donate Rs 25,000 each to a charitable organization without admitting guilt. The State opposed the bail application, arguing the seriousness of the offence. The High Court, after considering the custody period and the petitioners’ undertakings, granted regular bail subject to a bond of Rs 10,000 each, two sureties, a charitable donation, monthly police‑station attendance, and verification of a clean antecedent. The court emphasized that its observations were prima facie and would not affect the merits of the trial. The bail order was conditioned on compliance with the stipulated terms and may be cancelled for non‑compliance.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the nature of the offence and the period of custody.
Subjects
- bail
- Bihar Prohibition & Excise Act
- Section 30(a)
- illegal liquor
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19946 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- JANIPUR District- Patna
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1. Sahnawaz Alam S/O Jubair Alam R/O Mahua, P.S- Mahua, Distt.- Vaishali.
Current Address- Incometax Golamber, P.S- Kotwali, Distt.- Patna.
2. Santosh Kumar S/O Gopal Saw R/O Mahtinagar, P.S- Vidhapati, Distt.-
Samastipur. Current Address- Incometax Golamber, P.S- Kotwali, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Janipur P.S. Case No. 08 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition & Excise Act.
3. There is recovery of 120 liters of country made
liquor.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 08.01.2026, are quite
innocent and have falsely been implicated in the present case.
He further submits that the petitioners undertake to donate Rs.
25,000/- (Rs. Twenty Five Thousand) each in some charitable
Patna High Court CR. MISC. No.19946 of 2026(2) dt.01-04-2026
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organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned concerned Court below where the case is
pending/Successor Court in connection with Janipur P.S. Case
No. 08 of 2026 subject to condition that:-
(I). The petitioners shall deposit
an amount of Rs. 25,000/- (Rupees Twenty
Five Thousand Only) each in Ramakrishna
Mission Ashrama, Nala Road, Patna and
produce the receipt of the same before the
Court below. The bail bonds of the
petitioners shall be accepted only after
verifying the genuineness of the receipt
produced by the petitioners.
(ii). The petitioners are directed to
mark their attendance at Kotwali Police
Station, Patna on the first Sunday of each
month. Failure to do so, will result in
cancellation of bail bonds of the petitioners.
Patna High Court CR. MISC. No.19946 of 2026(2) dt.01-04-2026
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(iii). Both the bailors will be close
blood relative of the petitioners.
(iv). At the time of accepting the
bail bonds of the petitioners, the Court
below shall verify the fact whether the
petitioners have clean antecedent or not. If it
is found that the petitioners have clean
antecedent then only their bail bonds shall
be accepted by the Court below. However, it
is made clear that the acceptance of bail
bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the
name of verification.’
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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