Patna High Court
SABDAR ALI @ SAFDAR ALIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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