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Patna High Court

Jafar AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as he has a clean antecedent and was implicated only on the basis of ownership of the tempo.

Summary

Jafar Alam, the owner of a tempo, was arrested on 9 April 2026 after 90.78 litres of foreign liquor were recovered from the vehicle and its driver, Mukhtsar, was also apprehended. He was charged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner argued that he has a clean criminal record and was implicated solely because he owns the tempo, having no knowledge of the illicit liquor. The State opposed bail, but the court considered the lack of prior convictions and the factual circumstances. The court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, and ordered verification of his antecedents.

Issues considered

  • Whether the owner of a vehicle from which illicit liquor is recovered can be granted bail when the alleged offence is under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
  • Whether mere ownership of the tempo, without knowledge of the liquor, suffices to deny bail.
  • Whether the petitioner's clean antecedent warrants bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • foreign liquor
  • vehicle ownership
  • criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37394 of 2026
                        Arising Out of PS. Case No.-368 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Jafar Alam S/o Israil @ Md. Israil Resident of Roopauli, Rupaili, Ward No.-
                 4, P.S.- Araria (R.S.), District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                    Heard Mr. Md Naushaduzzoha, learned counsel for

                   the petitioner and Mr. Rajendra Prasad Nat, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   09.04.2026, in connection with Jokihat P.S. Case No. 368 of

                   2025, F.I.R. dated 12.11.2025                 registered for the offences

                   punishable under Section 30(a) of Bihar Prohibition & Excise

                   Act, 2016.

                                3. Recovery is of 90.78litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                He further submits that it

                   appears from the F.I.R. that recovery has been made from the

                   Tempo in question and the driver namely, Mukhtsar was
Patna High Court CR. MISC. No.37394 of 2026(2) dt.16-06-2026
                                            2/3




          apprehended along with the illicit liquor and petitioner has been

          made accused in the present case merely on the ground that the

          petitioner is the owner of the Tempo in question. He further

          submits that petitioner has no concern at all with the alleged

          recovery of illicit liquor and he has no knowledge that co-

          accused person, namely, Mukhtsar is carrying the liquor in

          question. The petitioner is in custody since 09.04.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and he

          has been made accused in the present case merely on the ground

          that he is the owner of the Tempo in question, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Judge Excise-II, Araria in connection with Jokihat P.S. Case No.

          368 of 2025, subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.37394 of 2026(2) dt.16-06-2026
                                                           3/3




                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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