Patna High Court
Samiullah Khan @ Shamiullah Khan @ Lalu Khan @ LaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Samiullah Khan, was arrested on 25 February 2026 in connection with a case involving the seizure of 198 litres of illicit foreign liquor and alleged violations of the Bihar Prohibition and Excise Act, 2022 (Sec.30(a)) and the Child Labour Act (Sec.14). He contended that the liquor was recovered from his maternal grandfather’s mustard field and that he had no conscious possession, arguing that the seizure list was prepared solely by police officers, violating Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The prosecution opposed bail, citing six prior criminal antecedents, though noting the petitioner was already on bail in other matters. The court considered the lack of direct possession, the procedural lapse in the seizure list, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge Excise, Court No.-II, Muzaffarpur.
Issues considered
- Whether bail should be granted in a case involving illicit liquor and child labour offences despite the petitioner’s prior criminal antecedents.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, regarding the seizure list, warrants denial of bail.
- Whether the petitioner’s alleged lack of conscious possession of the seized liquor negates the necessity for continued custody.
Subjects
- bail
- illicit liquor
- prohibition law
- child labour
- prior criminal antecedents
- seizure procedure
- BNSS 2023
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27784 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- DEWARIA District- Muzaffarpur
======================================================
Samiullah Khan @ Shamiullah Khan @ Lalu Khan @ Lalu S/o- Shamim
Alam @ Samim Alam R/v- Budanpur @ Budhanpur Ps- Dewariya Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Ms. Indu Kumari Srivastava, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.02.2026 in connection with Deoria P.S. Case No. 43 of 2026,
F.I.R. dated 05.02.2026 for the offences punishable under
Section 30(a) and of the Bihar Prohibition and Excise Act, 2022
and Section 14 of the Child Labour Act.
3. Recovery is of 198 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.27784 of 2026(2) dt.27-04-2026
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conscious possession of the petitioner rather the recovery of
altogether 198 liters of illicit liquor has been made from the
musturd field and the same is in the name of maternal
grandfather of the petitioner and petitioner has been made
accused merely on the ground of his previous criminal
antecedents of similar nature. It appears from the seizure list
that the seizure list witnesses are the police personnel, so there
is non-compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 25.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries six criminal antecedents other
than the present one but fairly submits that he is on bail in all
the pending matters.
6. Considering the aforesaid facts and circumstance,
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 Special
Judge Excise, Court No.-II, Muzaffarpur in connection with
Deoria P.S. Case No. 43 of 2026 subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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
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)
Vanisha/-
U T
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