Patna High Court
Md. Kafil Alam @ Kafil @ Md. KafilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Md. Kafil Alam was arrested on 27 February 2026 in connection with a case involving the seizure of 276 litres of Nepali liquor from a motorcycle, alleged to violate Sections 30(a), 32(2) and 41 of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that he was not in actual possession of the liquor or the vehicle and that the investigation failed to comply with Sections 103 and 105 of the BNSS, rendering the charge based merely on suspicion. The prosecution opposed bail, citing a prior criminal antecedent. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, non‑tampering with evidence, and verification of the antecedent. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- criminal antecedent
- non‑possession
- Section 103
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24216 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- SIKTI District- Araria
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Md. Kafil Alam @ Kafil @ Md. Kafil S/o Md. Hasamuddin @ Md.
Asamuddin Resident of Village- Singhia, Ward No. 03, P.S.- Sikty, District-
Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Vijay Kishore Bharti, learned counsel
for the petitioner and Ms. Asha Devi, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.02.2026 in connection with Sikri P.S. Case No. 60 of 2026,
F.I.R. dated 27.02.2026 for the offences punishable under
Section 30(a), 32(2) and 41 of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 276 liters of Nepali liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of suspicion. He further
submits that it appears from the F.I.R. as well as seizure list that
Patna High Court CR. MISC. No.24216 of 2026(2) dt.15-04-2026
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nothing has been recovered from the conscious possession of
the petitioner rather the recovery has been made from vehicle in
question and the petitioner was apprehended along with the
illicit liquor. He further submits that petitioner has no concern at
all with the seized motorcycle or liquor. He further submits that
there is non-compliance of Section 103 and 105 of BNSS and
the petitioner is in custody since 27.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one.
6. Considering the aforesaid facts and circumstances,
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 the learned District
and Additional Sessions Judge-cum-Exclusive Special Judge
Excise-II, Araria in connection with Sikri P.S. Case No. 60 of
2026, subject to 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 absence on two consecutive dates without sufficient
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reason, his 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.
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)
Suruchi/-
U T
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