Patna High Court
Md. Shahanwaj @ Shahanwaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties, a charitable donation, verification of antecedents, and regular police attendance.
Summary
The petitioner, Md. Shahanwaj Alam, was arrested in connection with the recovery of 240 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed innocence, a clean antecedent, and offered to donate Rs.25,000 to a charitable organization without pleading guilty. The State opposed bail, while the petitioner’s counsel sought release on bail. The court, after considering the facts and submissions, ordered bail on a bond of Rs.10,000 with two sureties, a conditional donation of Rs.25,000, verification of antecedents, and mandatory weekly police station attendance. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition act
- excise
- criminal procedure
- clean antecedent
- surety
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41483 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- BALRAMPUR District- Katihar
======================================================
Md. Shahanwaj @ Shahanwaj Alam Son of Md. Sakil Alam Resident of
Village- Rajaul (Rajol) Ward No.13, P.S.- Balrampur, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh, Advocate
For the State : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Balrampur P.S. Case No. 53 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2022.
3. As per the prosecution case, there is recovery of
240 litres of illicit liquor from the possession of the petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
29.03.2026 and claims clean antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.41483 of 2026(2) dt.25-06-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Judge, Excise Court No. 1, Katihar/concerned
Court below in connection with Balrampur P.S. Case No. 53 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashrama, P.O. & Dt. Katihar, Bihar and
produce the receipt of the same before the Court below. The bail
bonds of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
Patna High Court CR. MISC. No.41483 of 2026(2) dt.25-06-2026
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10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Balrampur Police Station, District- Katihar on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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