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Patna High Court

Soharab AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted, subject to a bond of Rs 10,000 and specified conditions.

Summary

The petitioner, Soharab Alam, was arrested on 12 January 2026 in connection with a seizure of 927.720 litres of foreign liquor alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that he had no conscious possession of the liquor, was not the owner of the vehicle used, and possessed a clean criminal antecedent. The State opposed bail, arguing the seriousness of the offence and alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023. The Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The order directed the lower court to verify the petitioner’s antecedent but not to delay bail on that ground.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor seizure
  • clean antecedent
  • non‑possession
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22562 of 2026
                    Arising Out of PS. Case No.-23 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Soharab Alam Son of Hasmuddin Miyan @ Hasamuddin Miya Resident of
                 Village - Balapur, P.S.- Barahariya, District - Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-04-2026                  Heard Mr.Pankaj Kumar Dubey, learned counsel for

                   the petitioner and Mr.Md. Nazir Ansari, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   12.01.2026 in connection with Kuchaikot P.S. Case No. 23 of

                   2026, F.I.R. dated 11.01.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2018.

                                3. Recovery is of 927.720 liters of foreign liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Further submits

                   that it appears from the FIR as well as the seizure list that

                   nothing has been recovered from conscious possession of the

                   petitioner rather the recovery has been made from the Pick-up-
Patna High Court CR. MISC. No.22562 of 2026(2) dt.07-04-2026
                                            2/3




          Van in question and petitioner is not the owner of the vehicle in

          question and it appears from the seizure list that there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 12.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          District and Additional Sessions Judge-IV-cum-Exclusive

          Special Judge, Excise Court-II, Gopalganj in connection with

          Kuchaikot        P.S. Case No. 23 of 2026, with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.
               Patna High Court CR. MISC. No.22562 of 2026(2) dt.07-04-2026
                                                           3/3




                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, 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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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