Patna High Court
Shahid AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Shahid Ali was arrested on 28 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged possession of 308.04 litres of foreign liquor seized from a tractor that he does not own. He contended that he had no knowledge of or control over the liquor, that the seizure was made without complying with Sections 103 and 105 of the BNSS, and that he was falsely implicated. The prosecution opposed bail, citing a prior similar offence, but also noted that the petitioner was already on bail in that earlier matter. The High Court considered the lack of direct possession, the procedural deficiencies alleged, and the prior record, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted in a prosecution under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 where the accused claims no ownership or possession of the seized liquor.
- Whether non‑compliance with Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the accused's prior criminal antecedent of a similar nature warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- possession
- seizure
- criminal antecedent
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40126 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- Hariharnath P.S. District- Saran
======================================================
Shahid Ali S/o Razak Miyan Resident of Village - Ghurhat Majhbaliya, P.S.-
Manjhi, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard, Mr. Bishwajeet Singh learned counsel for
the petitioner and Mr. Abhay Kumar Roy, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.05.2026 in connection with Hariharnath P.S. Case No. 89 of
2026, F.I.R. dated 27.05.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise ( Amendment)
Act, 2018.
3. Recovery is of 308.04 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.40126 of 2026(2) dt.29-06-2026
2/3
been made from a tractor in question and he is not the owner of
the tractor in question. The petitioner has no concern at all from
the recovery of the illicit liquor and he has been made accused
merely on the basis of suspicion and the seizure list witnesses
are police personnel, so there is non-compliance of Section 103
and 105 of BNSS. The petitioner is in custody since 28.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent of similar
nature other than the present one of similar nature but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Hariharnath P.S. Case No. 89 of 2026, subject to the
following conditions:-
i. 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.40126 of 2026(2) dt.29-06-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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