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Patna High Court

SABDAR ALI @ SAFDAR ALIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail is granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Safdar Ali was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 51.120 litres of illicit liquor and a motorcycle were seized, and a co-accused claimed the petitioner fled the scene. The petitioner pleaded innocence, asserting he had no possession of the liquor or motorcycle and had no criminal antecedent. The State opposed bail, relying on the co-accused's statement. The court considered the lack of direct evidence against the petitioner, his clean record, and his willingness to cooperate. Consequently, the court ordered his release on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure and the co-accused's statement.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • co-accused statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41412 of 2026
                   Arising Out of PS. Case No.-268 Year-2026 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Sabdar Ali @ Safdar Ali Son of Haidar Ali Resident of Village- Santghat
                 Braham Asthan, P.S.- Town, District- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   01-07-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                    3. As per the prosecution case, 51.120 litres illicit

                   liquor kept in trolley and one motorcycle were recovered from

                   the place of occurrence. Co-accused Adil Khan apprehended on

                   the spot who disclosed that petitioner fled away.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   petitioner has no concern with the seized liquor and motorcycle.

                   He was not present at the spot. Nothing has been recovered from
            Patna High Court CR. MISC. No.41412 of 2026(2) dt.01-07-2026
                                                        2/2




                      the conscious possession of the petitioner. Except the disclosure

                      statement made by co-accused with ulterior motive, there is

                      nothing material against the petitioner. Petitioner has got no

                      criminal antecedent and he undertakes to cooperate in the

                      investigation and trial.

                                   5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, submissions of learned counsel for the parties and

                      clean antecedent of the petitioner, let the above named petitioner

                      be released on bail, in the event of arrest or surrender before the

                      Court concerned within a period of six weeks from today, on

                      furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Special Judge Excise-I, Bettiah, West Champaran in

                      connection with Nautan P.S. Case No. 268 of 2026, subject to

                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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