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Patna High Court

ISKAR ALI @ ISKOR ALIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified monetary and attendance conditions.

Summary

The petitioner, Iskar Ali, was arrested as the driver of a vehicle from which 1,746 litres of illicit foreign liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. He applied for regular bail, asserting his innocence, lack of prior criminal record, and willingness to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the High Court considered the facts, the petitioner’s clean antecedent, and the proposed charitable donation. The Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, verify his address and antecedent, and deposit the charitable amount in Ramakrishna Math, producing a receipt. Additional conditions included monthly attendance at Basudaon Police Station on a Sunday, with non‑compliance leading to bail cancellation.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016.
  • Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify the grant of bail.

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • criminal antecedent
  • charitable donation
  • Section 30(a)
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27130 of 2026
                      Arising Out of PS. Case No.-89 Year-2026 Thana- NARPATGANJ District- Araria
                 ======================================================
                 ISKAR ALI @ ISKOR ALI S/o- Suruj Ali @ Surush Ali R/v- Basuganj, Ward
                 No. 04, Basugaon Bhutia Para Ps- Basudaon Dist- Chiranh Chirang, Assam

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Narpatganj P.S. Case No. 89 of 2026 registered for the offence

                   under section 30(a) of the Bihar Prohibition & Excise

                   (Amendment) Act, 2016.

                                3. The recovery is of 1746 litres of illicit foreign

                   liquor from a vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. It is next

                   submitted that petitioner is the driver of the vehicle. He further

                   submits that the petitioner is in custody since 01.03.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.27130 of 2026(2) dt.22-04-2026
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          the petitioner is ready to donate Rs.25,000/- in some charitable

          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                        7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                        8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge Excise-I, Araria/

          concerned Court below, in connection with Narpatganj P.S.

          Case No. 89 of 2026.

                        9. At the time of accepting the bail bonds of the

          petitioner, the Court below will verify the address of the

          petitioner.

                        10. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                        11. This is also subject to the condition that the
              Patna High Court CR. MISC. No.27130 of 2026(2) dt.22-04-2026
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                        petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

                        Ramakrishna Math, Bhatta Bazar, Purnea and produce the

                        receipt of the same before the Court below. The bail bonds of

                        the petitioner shall be accepted after verifying the genuineness

                        of the receipt produced by the petitioner.

                                     12. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Basudaon Police Station, District- Chirang on any one Sunday

                        of the month. Any default in appearance at the Police Station

                        will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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