Patna High Court
Shehzad Alam @ Shahjad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Shehzad Alam, was arrested on 10 March 2026 in connection with an excise case involving the seizure of 2,259.720 litres of foreign liquor, alleged to violate Sections 30(a), 32(2), 32(3) and 41 of the Bihar Prohibition and Excise Act, 2018. He contended that he was not the owner of the seized truck, that the seizure was made without his conscious possession, and that the seizure list, prepared solely by police personnel, violated Sections 103 and 105 of the BNSS. The prosecution pointed out a prior criminal antecedent of a similar nature, though the petitioner was already on bail for that case. After hearing both sides, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding family surety, cooperation with trial, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to the satisfaction of the Exclusive Excise Special Court, Buxar.
Issues considered
- Whether bail should be granted to the petitioner despite alleged violations of the Bihar Prohibition and Excise Act and a prior criminal antecedent.
- Whether the seizure and documentation complied with Sections 103 and 105 of the BNSS.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- prohibition
- seizure
- criminal antecedent
- Bihar Prohibition and Excise Act
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30634 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Shehzad Alam @ Shahjad Alam S/O Sharif Ahamad Village- Gangadashpur,
P.S.- Didauli, Distt.- Amroha, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Shashank Shekhar, learned counsel for
the petitioner and Mr. Syed Mojibur Rahman, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.03.2026 in connection with Buxar Excise P.S. Case No. 99 of
2026, F.I.R. dated 10.03.2026 for the offences punishable under
Section 30(a), 32(2), 32(3), 41 of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 2259.720 liters of Indian made
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.30634 of 2026(2) dt.06-05-2026
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conscious possession of the petitioner rather the recovery has
been made from truck in question and the petitioner is not the
owner of the truck in question. He further submits that seizure
list witnesses are police personnel so there is non-compliance of
Section 103 and 105 of BNSS and the petitioner is in custody
since 10.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
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 Exclusive
Excise Special Court No.-02, Buxar in connection with Buxar
Excise P.S. Case No. 99 of 2026, subject to the following
conditions:-
i. One of the bailor shall be close family member of
the petitioner.
ii. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.30634 of 2026(2) dt.06-05-2026
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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.
iii. 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.
iv. 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)
Suruchi/-
U T
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