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Patna High Court

Ehsan Alam @ EhsanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000 and two sureties.

Summary

The petitioner, Ehsan Alam, was arrested after police claimed that 72 litres of Nepali-made liquor were recovered from his house, alleging a violation of Section 30(a) of the Bihar Prohibition & Excise Act. He filed a bail application asserting that he is innocent, that no liquor was actually seized from his possession, and that the seizure did not comply with Section 105 of the BNSS. He also highlighted his lack of prior criminal record and that he had been in judicial custody since 7 March 2026. The State opposed the bail. After hearing both sides, the Court noted the procedural irregularities and the petitioner’s circumstances and ordered that bail be granted on a bond of Rs 10,000 with two sureties, to be satisfied before the Exclusive Special Judge, Excise‑I, Kishanganj.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act
  • Whether the seizure of liquor complied with Section 105 of the BNSS
  • Whether the petitioner’s claim of innocence, lack of prior record, and custodial duration justify bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • seizure procedure
  • Section 105 BNSS
  • criminal procedure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25795 of 2026
                   Arising Out of PS. Case No.-79 Year-2026 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
                 Ehsan Alam @ Ehsan S/o Naimuddin R/o Bhorha Ward no. 08, P.S. -
                 Tedhagaach, District - Kishanganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar, Adv.
                                                 Mr. Rajeev Ranjan, Adv.
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Tedhagachh P.S. Case No. 79 of 2026 registered for the

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

                   & Excise Act.

                                 3. The case of the prosecution, in short, is that from

                   the house of the petitioner altogether, 72 liters of Nepali

                   country-made liquor were recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.25795 of 2026(2) dt.18-04-2026
                                                       2/2




                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 07.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Judge, Excise-I, Kishanganj in connection

                     with Tedhagachh P.S. Case No. 79 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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