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Patna High Court

Md. Shahanwaj @ Shahanwaj AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                                  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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