Patna High Court
Hasrul Alam @ HaserulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner.
Summary
Hasrul Alam was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly having 44.280 litres of foreign liquor recovered from his motorcycle. The petitioner contended that the liquor was not in his conscious possession and highlighted his lack of any prior criminal record, having been in custody since 25‑04‑2026. The State opposed the bail application. The Court, noting the absence of conscious possession and the petitioner’s clean antecedent, decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the In‑charge Exclusive Special Judge (Excise‑2) Purnea, and the observations were limited to the bail application and not the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the circumstances of alleged possession.
- Whether the recovery of liquor constitutes conscious possession by the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- possession
- foreign liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39312 of 2026
Arising out of PS. Case No.-88 Year-2026 Thana- RAUTA District- Purnia
======================================================
Hasrul Alam @ Haserul, S/o Haseeb Alam R/v - Muradpur Kadam Chowk,
Ward No. 8, P/S - Angarh, Dist.-Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Rauta P.S. Case No.
88 of 2026 registered under Section 30(a) of Bihar Prohibition
and Excise Act, 2022.
3. The allegation is that 44.280 litres of foreign liquor
was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that
recovery was not made from the conscious possession of the
petitioner. He further submits that the petitioner is in custody
since 25.04.2026 and has no criminal antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No. 39312 of 2026(2) dt.17-06-2026
2/2
6. Considering that recovery was not made from the
conscious possession of the petitioner and the petitioner is in
custody since 25.04.2026 having no criminal antecedent, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of In-charge Exclusive Special Judge
(Excise-2) Purnea, in connection with Rauta P.S. Case
No. 88 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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