Patna High Court
Md. Muslim AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to monetary sureties and conditions of appearance.
Summary
The petitioner, Md Muslim Alam, was arrested as the driver of a vehicle from which 302.4 litres of liquor were seized, and he was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, was not the owner of the vehicle, and no incriminating article was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 and his clean record. The State opposed bail. Considering the petitioner’s lack of ownership, absence of direct evidence, short period of custody, and statutory non‑compliance, the Court inclined to grant bail. The Court ordered his release on bail of Rs 15,000 with two sureties, subject to conditions that one bailor be a close family member and that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults. The bail was granted after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the driver accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application.
- Whether the petitioner’s lack of ownership and absence of incriminating material in his possession preclude continued detention.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- driver
- ownership
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
- Section 30(a)
- Section 47
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5089 of 2026
Arising Out of PS. Case No.-1307 Year-2025 Thana- Excise P.S. District- Purnia
======================================================
Md. Muslim Alam S/o Md. Alimuddin Resident of - Farinagora, Ward No. 9,
P.S - Kishanganj Sadar, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Verma, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Sadar P.S. Case No. 1307/2025 instituted for the offences
punishable under Sections 30(a) and 47 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 302.400
litres of liquor was recovered from ambulance.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
Patna High Court CR. MISC. No.5089 of 2026(2) dt.29-01-2026
2/2
vehicle. The petitioner is in custody since 11.12.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Sadar P.S.
Case No. 1307/2025, subject to the following conditions:-
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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