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Patna High Court

Md. Amir Alam @ Amir Khan @ AmirversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Amir Alam, was arrested in connection with the seizure of 81 litres of illicit liquor from a motorcycle and charged under sections 30(a) and 41 of the Bihar Prohibition and Excise Act and sections 317(2), (5), 338 and 336(3) of the Bihar Narcotic Substances Act. He filed a petition for regular bail, claiming he had no possession of the liquor, the bike did not belong to him, and that the police failed to comply with Section 105 of the BNSA while preparing the seizure list. The State opposed the bail. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, directing compliance with the relevant Sessions Judge.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
  • Whether the alleged non‑compliance of Section 105 of the BNSA in preparing the seizure list warrants denial of bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • illicit liquor seizure
  • procedural lapse
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30856 of 2026
                        Arising Out of PS. Case No.-21 Year-2026 Thana- KUWARI District- Araria
                 ======================================================
                 Md. Amir Alam @ Amir Khan @ Amir S/O Md. Moim R/O Vill.- Pahunsi,
                 Ward no. 1, P.S.- Kuwari, Dist.- Araria.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha
                 For the Opposite Party/s :       Mr.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30(a) and

                   41 of the Bihar Prohibition and Excise Act and Sections 317(2),

                   (5), 338, 336(3) of BNS.

                                3. The case of the prosecution is that from a

                   motorcycle, altogether 81 liters of illicit liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. Learned counsel

                   has submitted that the witnesses of the seizure list are police

                   personnel and police has not complied Section 105 of BNSS
            Patna High Court CR. MISC. No.30856 of 2026(2) dt.07-05-2026
                                                        2/2




                      while preparing seizure list. He has also submitted that the bike

                      does not belong to the petitioner. A statement has been made in

                      para-3 of this petition that the petitioner has got no criminal

                      antecedent. Moreover, he is languishing in judicial custody since

                      02.03.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Kuwari P.S. Case No. 21 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-cum-Exclusive Special Judge Excise-II, Araria.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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