Patna High Court
Sadre Alam @ Sarwar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted as there is no material directly linking the petitioner to the offence and the charge‑sheet has been filed.
Summary
Sadre Alam was implicated in the alleged transport of 363.3 litres of illicit Nepali liquor, charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act. Police recovered the liquor after stopping two motorcycles; the co‑accused Md. Salman was apprehended and identified the petitioner, but the petitioner was not seized at the spot and no liquor was found on him or his vehicle. The petitioner contended that the case rests solely on the co‑accused’s confessional statement and that there is no material linking him to the offence, noting his six other pending cases but that he is on bail in all. The State opposed bail. Considering the lack of direct recovery, the petitioner’s non‑apprehension at the scene, and the filing of the charge‑sheet, the court ordered his release on bail with a bond of Rs 10,000 and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement.
- Whether the absence of direct recovery of illicit liquor from the petitioner justifies bail.
- Whether the period of custody and the filing of the charge‑sheet affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2), 317(2)
- Bihar Narcotic Substances (Special) Act — s. 480(3)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- excise
- confessional statement
- co‑accused
- Section 480(3)
- charge sheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30204 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- PALASI District- Araria
======================================================
Sadre Alam @ Sarwar Alam S/O Mojib Alam R/O Village- Dumariya Tola,
Palasi, P.S-Palasi, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Special Case No. 975 of 2026, arising out of
Palasi P.S. Case No. 507 of 2025 registered for the alleged
offences under Section 30(a) of Bihar Prohibition and Excise
Act and Sections 303(2), 317(2) of B.N.S.
03. As per prosecution case, police received
information about petitioner and co-accused Md. Salman
transporting illicit liquor on two motorcycles. A trap was laid
and when the identified motorcycles were signaled to stop, both
the riders tried to flee away taking U-turn. Co-accused Md.
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Salman, who was driving first motorcycle, was apprehended and
two persons on the second motorcycle fled away leaving behind
two sacks which they had been carrying. The apprehended co-
accused disclosed the name of the petitioner, who fled away
leaving behind two sacks and on search of the sacks of both the
motorcycles, recovery of total 363.300 litres of country made
Nepali liquor was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. The petitioner was not
apprehended from the spot and the motorcycle from which
recovery has been made does not belong to the petitioner. The
name of the petitioner has been dragged in this case on the
basis of confessional statement of co-accused Md. Salman and
there is no material to show the involvement of the petitioner in
the alleged offence. The petitioner is having antecedent of
six cases and he is on bail in all such cases. The petitioner is
in custody since 22.01.2026 and charge sheet has been
submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
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06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from the petitioner and further
considering the period of custody of the petitioner and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District & Additional
Sessions Judge -cum- Exclusive Special Judge,
Excise-II, Araria/concerned Court in connection with
Special Case No. 975 of 2026, arising out of Palasi P.S.
Case No. 507 of 2025, subject to the conditions mentioned
in Section 480(3) of B.N.S.S. and also the following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
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terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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