Patna High Court
Md. Khurshid @ Khurshid AalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner under the conditions specified.
Summary
The petitioner, Md. Khurshid Aalam, was charged under Section 30(a) of the Bihar Excise Act for alleged recovery of 43.200 litres of liquor from a motorcycle and 475.200 litres from bushes. He has three prior excise cases and has been in custody since 1 June 2026. The petitioner argued that he was not apprehended at the spot, the seized liquor was not in his conscious possession, the vehicle was not his, and the case was based on secret information without proper investigation. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in the designated case.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act when the alleged seizure was not from his conscious possession and the case is based on secret information.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- seizure
- secret information
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47646 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Md. Khurshid @ Khurshid Aalam S/O Md. Alauddin R/O Vill.- Chiknauta,
P.s.- Karja, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratneshwar Prasad
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
the offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
is in custody since 01.06.2026 and allegation is of recovery of
43.200 liters of liquor from a motorcycle and 475.200 liters of
liquor from bushes.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.47646 of 2026(2) dt.10-07-2026
2/2
and is not the owner of the seized vehicle and he came to be
implicated based on secret information which is the easiest way
to implicate someone. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Panapur
Kariyat P.S. Case No. 66 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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