Patna High Court
Ehsan Alam @ EhsanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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