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Patna High Court

Samiullah Khan @ Shamiullah Khan @ Lalu Khan @ LaluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
            Patna High Court CR. MISC. No.27784 of 2026(2) dt.27-04-2026
                                                        3/3




                       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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