Patna High Court
Subhan Ali @ Subahaan AliversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The bail application is dismissed as not pressed.
Summary
The petitioner, Subhan Ali, applied for regular bail in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. This was his second bail application after an earlier one was rejected. The trial court reported that nine prosecution witnesses had already been examined and the trial was nearing conclusion. The petitioner, through counsel, chose not to pursue the present bail application. Consequently, the High Court dismissed the bail application as not pressed and directed the trial court to expedite the trial within four months, allowing the petitioner to file a fresh bail application if needed.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.
- Whether a bail application can be dismissed on the ground that the applicant does not wish to press it.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- excise law
- trial expeditious disposal
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21145 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- PALASI District- Araria
======================================================
Subhan Ali @ Subahaan Ali S/o- Late Ismail R/v- Pipra Bijwar Ps- Palasi
Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate.
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 08-05-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Palasi P.S. Case No.117 of 2024 for the offences registered under
Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act.
3. This is the second bail application filed on behalf of
the petitioner. Earlier the regular bail application of the petitioner
was rejected vide order dated 03.09.2025 passed in Cr.
Misc.27842 of 2025.
4. Vide order dated 03.04.2026, a report regarding
present status of case was called for and the same was sent vide
Letter No.103 of 2026 dated 20.04.2026 by the learned Exclusive
Special Judge, Excise-II-cum-District & Additional Sessions
Judge, Araria.
Patna High Court CR. MISC. No.21145 of 2026(3) dt.08-05-2026
2/2
5. As per the said report of the learned Trial Court, it is
stated that nine prosecution witnesses have already been examined
and the Court is taking efforts to conclude the case, as soon as
possible.
6. In view of the aforesaid, learned counsel for the
petitioner does not want to press the present bail application.
7. Accordingly, the present Cr. Misc. Application stands
dismissed as not pressed.
8. Learned Trial Court is directed to expedite the
disposal of the trial of the case preferably within four months
from the date of passing of this order.
9. Petitioner is at liberty to file fresh bail application, if
the trial is not concluded within the aforesaid time period.
(Sunil Dutta Mishra, J)
Ritik/-Koustav/-
U T
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