Patna High Court
Aslam Miya @ AslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Aslam Miya, was arrested on 24 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 585 litres of illicit liquor from four motorcycles. The petitioner claimed he had no conscious possession of the liquor, was not the owner of the motorcycles, and had a clean criminal record, arguing that the case was based merely on suspicion. The counsel also highlighted non‑compliance with Sections 103 and 105 of the BNSS, 2023 in the seizure process. The Additional Public Prosecutor opposed bail. Considering the lack of direct possession, the petitioner’s clean antecedent, and the procedural lapse, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted when the accused is not in conscious possession of the seized illicit liquor
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023 warrants bail
- Whether the petitioner’s clean antecedent and the nature of the evidence justify release on bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- procedural compliance
- clean antecedent
- seizure
- motor vehicles
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40154 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Aslam Miya @ Aslam S/O Jahir Miya R/O Village, P.O. and P.S.- Diwanganj,
District- Sunsari (Nepal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Manisha Khushi, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Ms. Manisha Khushi, learned counsel for the
petitioner and Ms. Sharda Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.02.2026 in connection with Madhnishedh P.S. Case No. 74 of
2026, F.I.R. dated 24.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 585 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. She 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 been made from four motorcycles in
Patna High Court CR. MISC. No.40154 of 2026(2) dt.30-06-2026
2/3
question and petitioner is not the owner of the said motorcycles
and he has been made accused merely on the basis of suspicion.
She further submits that the petitioner has no concern at all from
the recovery of the illicit liquor. It appears from the seizure list
that seizure list witnesses are police personnel, so there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 24.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, petitioner has clean antecedent, his period of
custody and the fact there is non-compliance of Section 103/105
of the BNSS, 2023, 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 Exclusive Special Excise Judgge-II, Araria in
connection with Madhnishedh P.S. Case No. 74 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.40154 of 2026(2) dt.30-06-2026
3/3
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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