Patna High Court
Kadir AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Kadir Alam, was arrested in connection with Excise P.S. Case No.174 of 2026 for alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He claimed to be merely a co‑driver and asserted that the seized liquor was found in the vehicle, not in his personal possession, and that no independent witness was present at the seizure. The petitioner also highlighted his lack of criminal antecedents and that he had been in custody since 25‑02‑2026. The State opposed the bail application, contending that the seizure was lawful and the offences serious. The Court, after considering the submissions and the circumstances, found that the petitioner’s claim of innocence and lack of prior record warranted relief. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged seizure of liquor under the Bihar Prohibition and Excise Act
- Whether the petitioner’s role as co‑driver and lack of personal possession of the contraband negate the charge for Sections 30(a) and 32
- Whether the absence of an independent witness at the seizure affects the bail decision
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- co‑driver
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31849 of 2026
Arising Out of PS. Case No.-174 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
Kadir Alam, S/o Jiut Miyan, Resident of Village- Kashi Tengrahi, P.S.-
Mahammadpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the State : Mr. Binod Kumar No.3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in connection with
Excise P.S. Case No.174 of 2026 registered for the offences
punishable under Sections 30(a) and 32 of the Bihar Prohibition
and Excise Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is innocent, he has falsely been
implicated in the present case and the petitioner was merely a
co-driver of the vehicle and the alleged vehicle does not belong
to him. It is further submitted that no recovery has been
made from the conscious possession of the petitioner and the
alleged liquor was recovered from the vehicle itself and no
independent witness was present at the time of seizure and the
seizure list witnesses are police personnel only. It is also
Patna High Court CR. MISC. No.31849 of 2026(2) dt.12-05-2026
2/2
submitted that petitioner has no criminal antecedent and has
been languishing in jail since 25.02.2026.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions, in my opinion, the petitioner deserves the
relief of bail. Accordingly, let the petitioner named-above be
released on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the concerned Court in connection with
Excise P.S. Case No.174 of 2026.
(Shailendra Singh, J)
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