Patna High Court
Saiyad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner upon furnishing a bond of Rs 10,000 with two sureties.
Summary
The petitioner, a 20‑year‑old male, was arrested in connection with the alleged seizure of 84 litres of country‑made liquor from a motorcycle, charged under Section 317(5) of the Bharatiya Nyaya Sanhita and Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Act. He contended that he was falsely implicated, had no possession of the liquor, was not the vehicle’s owner, and possessed a clean antecedent, having been in custody since 13 April 2026. The State opposed his bail application. After hearing both sides, the Court held that bail could be granted, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court‑I, East Champaran. The order resulted in the petitioner’s release on bail.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition & Excise Act.
- Whether the allegations of possession and ownership of the seized liquor establish a prima facie case justifying denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(5)
- Bihar Prohibition & Excise Act — s. 30(a), 41(1)
Subjects
- bail
- excise law
- false implication
- criminal procedure
- possession of illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43542 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- SANGRAMPUR District- East
Champaran
======================================================
Saiyad Alam, aged about 20 years (M), Son of Majbar Miyan, Resident of
Village - Bara Harpur, P.S. - Harsidhi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Section 317(5) of the Bharatiya
Nyaya Sanhita and Sections 30(a) and 41(1) of the Bihar
Prohibition & Excise Act.
3. As per allegation in the FIR, total 84 liters of
country made liquor has been recovered from a Hero Splendor
Plus motorcycle bearing registration no.BR-29BA-4913.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that nothing has been recovered from the conscious
possession of the petitioner nor the petitioner is the owner of the
Patna High Court CR. MISC. No.43542 of 2026(2) dt.08-07-2026
2/2
said vehicle and he has no concern about the recovery of the
seized liquor, petitioner has got clean antecedent as stated in
para-3 of the petition and he is in custody since 13.04.2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid submissions as made by
learned counsel for the petitioner, let the above named petitioner
be released on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-I, East
Champaran, Motihari in connection with Sangrampur P.S. Case
No. 152 of 2026.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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