Patna High Court
Md. Sohid Alam @ Sahid AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Md. Sohid Alam, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 225 litres of Nepali liquor were recovered from a motorcycle. He claimed he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession. The petitioner had been in custody since 15‑11‑2025, had no prior criminal record, and argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the length of custody, the Court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- prohibition and excise
- Section 30(a)
- Section 103
- custody
- criminal procedure
- non‑violent offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2305 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- SIKTI District- Araria
======================================================
Md. Sohid Alam @ Sahid Alam S/o Subhan Alam @ Subhan R/o Village -
Baligarh, Ward No. 08, P.S - Sikti, District – Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti
For the Opposite Party/s : Mr.Madan Kumar
======================================================
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 Sikti
P.S. Case No. 198 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 225 liters of
Nepali 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.2305 of 2026(2) dt.19-01-2026
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custody since 15.11.2025 and has got no 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 Sikti P.S. Case No.
198 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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