Patna High Court
Md. Kaif @ Kaif AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Kaif Alam, was arrested on 12 February 2026 for allegedly possessing 72 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act, and is also implicated in two similar cases. He applied for regular bail, claiming innocence and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's willingness to deposit the charitable amount, granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation to the Ramakrishna Mission, and mandatory weekly attendance at the police station. The order is limited to the bail application and does not prejudice the trial. The petitioner must produce the donation receipt and comply with attendance; failure will lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed (bond, charitable donation, weekly police attendance) are appropriate and lawful.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29338 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Pachpakdi District- East Champaran
======================================================
Md. Kaif @ Kaif Alam S/o Md. Awnish @ Md. Anish R/o Village - Pachiari
Phenhera/ Phenhara, P.S - Phenhera / Phenhara, District - East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the Opposite Party : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard the parties.
2. The petitioner seeks regular bail in
connection with Pachpakri P.S. Case No.27 of 2026 registered
for the offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. It is alleged that about 72 liters of illicit
liquor has been recovered from the e-rickshaw of the petitioner.
4. The petitioner is in custody since
12.02.2026. He is accused in two more criminal cases of same
nature.
5. Learned counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case.
6. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.29338 of 2026(2) dt.11-05-2026
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that the petitioner is ready to donate Rs.25,000/- in some
charitable organization without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned concerned Court below in connection with Pachpakri
P.S. Case No.27 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Sevaasharma, Swami Vivekanand Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below at the time of furnishing bail bonds. The
bail bonds of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by him.
10. As a condition of this order, the petitioner
after being released on bail is directed to mark his attendance at
Pachpakri Police Station, District-East Champaran on every
Sunday of the month. Any default in appearance at the police
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station will result in cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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