Patna High Court
Asfak AalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner upon compliance with the stipulated bond and surety conditions.
Summary
The petitioner, Asfak Aalam, was arrested after 10.5 litres of Indian Made Foreign Liquor were recovered from his vehicle in connection with Excise (Thana Sadar) P.S. Case No. 213 of 2026, invoking sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016. He filed an application for regular bail, contending that no incriminating article was found on his person and that he had been falsely implicated, while offering to cooperate with the investigation. The State opposed bail, alleging that the petitioner has a prior antecedent under the same Act. After hearing both sides, the Court considered the seriousness of the allegation, the duration of custody since 6 April 2026, and the petitioner’s willingness to comply with bail conditions. The Court ordered that bail be granted upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court‑II, Purnea. The order effectively releases the petitioner from custody pending trial.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016 despite the alleged antecedent and custody since 6 April 2026?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act, 2016
- section 30(a)
- section 47
- antecedent
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41991 of 2026
Arising Out of PS. Case No.-213 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Asfak Aalam S/o Sahbul Haque Resident of Village - Dangraha, Police
Station - Baisi, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise (Thana Sadar)
P.S. Case no. 213 of 2026 registered under sections 30(a) and 47
of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 10.5 litres of IMFL
was recovered from the vehicle of the petitioner and he was
taken into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. He is in
custody since 6.4.2026 and undertakes to cooperate in the
investigation/trial.
Patna High Court CR. MISC. No.41991 of 2026(2) dt.01-07-2026
2/2
5. The application for bail is opposed by learned APP
for the State who submits that the petitioner has an antecedent
under the Bihar Prohibition and Excise Act, 2016.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the petitioner having remained in custody
since 6.4.2026, the Court directs the petitioner to be enlarged on bail
in connection with Excise (Thana Sadar) P.S. Case no. 213 of 2026
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court-II, Purnea.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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