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Patna High Court

Md. Tohid Alam @ Tohid AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to conditions.

Summary

Md. Tohid Alam was arrested for alleged possession of 67.215 litres of liquor seized from a motorcycle, charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found in his conscious possession. The State opposed his bail application, while the petitioner highlighted his lack of involvement and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court noted his custody since 28‑Nov‑2025 and a single prior criminal antecedent, and after weighing the circumstances, granted bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to a family surety condition and mandatory appearance at each trial date.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2302 of 2026
                        Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
                 ======================================================
                 Md. Tohid Alam @ Tohid Alam S/O Abdul Rasid Resident Of Village- Purani
                 Hat, Routa, P.s.- Rauta, District- Purnea
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr.Narsingh Tanti, A.P.P.
                 ======================================================
                 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 connection with Angarh

                   P.S. Case No. 90 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 67.215 liters

                   liquor was recovered from motorcycle.

                                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. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way

                   and has become victim of circumstances. The petitioner is in
           Patna High Court CR. MISC. No.2302 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 28.11.2025 and has got one criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Angarh P.S. Case

                     No. 90 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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