Patna High Court

Md. Sadre AlamversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to cash bond, sureties, and conditions of appearance.

Summary

The petitioner, Md. Sadre Alam, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 32 litres of liquor were recovered from his joint family house. The petitioner argued that he was falsely implicated, that the liquor was not in his conscious possession, and that he had no involvement in the alleged offence. The State opposed bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents. The Court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but considered the circumstances of custody and the petitioner’s claim of non‑possession. Consequently, the Court granted bail on a cash bond of Rs. 15,000 with two sureties, imposing conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
liquor seizure
section 103
criminal antecedents
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3864 of 2026
                       Arising Out of PS. Case No.-324 Year-2025 Thana- SIMRI District- Darbhanga
                 ======================================================
                 Md. Sadre Alam Son of Taijul Nadaf @ Md. Taijul Nadaf @ Tahidul Nadaf
                 Resident of Village - Mishrauli, P.S.- Simri, Dist- Darbhanga.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   27-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Simri

                   P.S. Case No. 324 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 32 litres

                   of liquor has been recovered from the house of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from the joint house of the petitioner where other family

                   members of the petitioner also reside. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner is in

                   custody since 22.12.2025 and has three criminal antecedents.
           Patna High Court CR. MISC. No.3864 of 2026(2) dt.27-01-2026
                                                       2/2




                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Simri P.S. Case No.

                     324 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

Continue reading with your account

Checking your session…