Patna High Court
Niyamat AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Niyamat Ali, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor found in a tin trunk of his vehicle was placed there by a passenger without his knowledge. He is a young first‑time offender who has been in custody since 25‑12‑2025, and the investigation is complete. The State opposed the bail. Considering his clean antecedent, the circumstances of the case, and the length of his detention, the court found no reason to keep him in custody. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount. The bail was granted, and the petitioner was enlarged on bail.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor offence
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20253 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- BALRAMPUR District- Katihar
======================================================
Niyamat Ali, S/o- Ashfak R/O - Chopra, PS- Baisi, Distt- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-03-2026 1. Heard the parties.
2. The petitioner seeks regular bail in connection with
Balrampur P. S. Case No. 226 of 2025, registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a young person having no criminal antecedent and
has been languishing in jail since 25.12.2025 and against him
the investigation has been completed. It is further submitted that
the alleged liquor was found in a trunk made of tin from the
petitioner's vehicle which was not in the knowledge of the
petitioner as the same was kept by some passenger, the
petitioner has been made accused mainly on account of being
owner-cum-driver of the alleged vehicle.
Patna High Court CR. MISC. No.20253 of 2026(2) dt.26-03-2026
2/2
4. Learned APP for the State opposes the bail prayer
of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with petitioner's fair and clean antecedent
and his custody period, this court is inclined to release him on
bail. Accordingly, let the petitioner named-above be enlarged
on bail in connection with Balrampur P. S. Case No. 226 of
2025, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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