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Patna High Court

Shakil AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Shakil Alam, was arrested in connection with the seizure of 6,735 litres of illicit foreign liquor from an auto, alleged under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He claimed innocence, asserted no prior criminal record, and had been in custody since May 5, 2026. The petitioner offered to donate Rs.25,000 to a charitable organization as a gesture of goodwill. The State opposed the bail, but the High Court, after considering the facts and submissions, granted regular bail subject to a bond of Rs.10,000 with two sureties, verification of a clean antecedent, deposit of the charitable amount, and mandatory attendance at the police station on specified days. Failure to comply with any condition would result in cancellation of bail.

Issues considered

  • Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
  • Whether the conditions imposed by the court, including a charitable donation and periodic police station attendance, are permissible.
  • Whether verification of a clean antecedent is a valid prerequisite for bail in this case.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43767 of 2026
                    Arising Out of PS. Case No.-194 Year-2026 Thana- KOTWA District- East Champaran
                 ======================================================
                 Shakil Alam Son of Habjullah Miyan @ Abjul Miyan @ Abjula Miyan
                 Resident of village - Chargahan P.S. Turkauliya, District- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence under section 30(a)of the Bihar Prohibition &

                   Excise (Amendment) Act, 2022.

                                3. The recovery is of 6735 litres of illicit foreign

                   liquor from an auto.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 05.05.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.43767 of 2026(2) dt.06-07-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court No. 01,

          East Champaran at Motihari/ concerned Court below, in

          connection with Kotwa P.S. Case No. 194 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Mission Ashrama, Bela, Muzaffarpur 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.
              Patna High Court CR. MISC. No.43767 of 2026(2) dt.06-07-2026
                                                          3/3




                                      11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Turkauliya Police Station, District- East Champaran on first and

                        third Sunday of the month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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