Patna High Court

Md. Tanweer AlamversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted bail to the petitioner, subject to a bond and conditions prescribed under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Tanweer Alam, was implicated in an excise case for allegedly transporting 135 litres of illicit liquor on a motorcycle registered in his name. He contended that he had sold the vehicle to Md. Sadam and that ownership had not been formally transferred, asserting his innocence and a clean criminal record. The State opposed his bail, relying on the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court examined the bail criteria under the Bharatiya Nagrik Suraksha Sanhita, 2023, noting the petitioner’s lack of prior convictions and the circumstances of the case. Accordingly, the Court ordered his release on bail upon furnishing a bond of ₹30,000, subject to conditions under Sections 2(1)(d) and 482(2) of the same Act.

Issues considered

Whether the petitioner is entitled to bail pending trial for the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the ownership of the vehicle, still registered in the petitioner’s name, suffices to establish his participation in the alleged illicit liquor recovery
Application of bail provisions under Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)

Subjects

bail
excise offence
illicit liquor
vehicle ownership
Section 30(a)
Bihar Prohibition and Excise Act
Bharatiya Nagrik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24994 of 2026
                     Arising Out of PS. Case No.-907 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Md. Tanweer Alam Son of Md. Abul Hussain @ Abul Hasan Resident of
                 Village- Gotfar, P.S.- Baisi, District- Purnea
                                                                       ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajeev Ranjan, Advocate
                 For the Opposite Party/s :         Mr.Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER
2   29-04-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Excise P.S. Case No. 907/2025 giving rise to Special Case

                   No. 924/2025 registered on 10.11.2025 for the offences

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

                   Excise (Amendment) Act, 2022.

                                3. As per prosecution, total recovery of 135 liters

                   illicit liquor, loaded on a motorcycle, is the subject matter of the

                   present case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. It is contended that no recovery has been made from

                   the conscious possession of the petitioner; rather, his implication

                   in the present case is solely on the ground that the alleged
            Patna High Court CR. MISC. No.24994 of 2026(2) dt.29-04-2026
                                                        2/2




                      recovery was effected from a vehicle registered in his name.

                      Learned counsel further submits that although the vehicle in

                      question continues to stand in the name of the petitioner, he had

                      already sold the said vehicle to one Md. Sadam, however, the

                      ownership could not be formally transferred in the official

                      records. It is also submitted that the petitioner has a clean

                      criminal antecedent.

                                   5. Learned APP for the State opposes the prayer for

                      bail of the petitioner and submits that the antecedent of the

                      petitioner is clean.

                                   6. In the facts and circumstances, let the above named

                      petitioner be released on bail, in the event of arrest or surrender

                      before the Trial Court within a period of four weeks from today,

                      on furnishing bail bond of ₹30000/- (thirty thousand) as

                      mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,

                      Excise-II, Kishanganj, in connection with the aforementioned

                      case, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-
U     T

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