Patna High Court

Firdoush Alam @ FirdoushversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Firdoush Alam, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 67.215 litres of liquor recovered from a motorcycle. He contended that he was falsely implicated, that no incriminating article was found in his personal possession, and that he had no link to the vehicle. He had been in custody since 17 December 2025 and possessed four prior criminal antecedents, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. The Court, after considering the circumstances, granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety, appearance, non‑tampering with evidence, and non‑commission of similar offences.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite his custody period and prior criminal antecedents.
Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.
Whether the petitioner was falsely implicated and thus entitled to bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
false implication
criminal antecedents
Section 103
Bharatiya Nagarika Suraksha Sanhita
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8893 of 2026
                        Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
                 ======================================================
                 Firdoush Alam @ Firdoush Son of Mohammad Sakir @ Sakir @ Late Sakir
                 Resident of Village- Chhoti Pandarpur, P.S.- Rauta, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dheeraj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Angarh

                   P.S. Case No. 90 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 67.215

                   litres of liquor was recovered from motorcycle.

                               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 in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.8893 of 2026(2) dt.04-02-2026
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          custody since 17.12.2025 and has four criminal antecedents.

          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 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 Angarh P.S. Case

          No. 90 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or a

          close family member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.

                       (IV) The petitioner shall not commit any offence of a
           Patna High Court CR. MISC. No.8893 of 2026(2) dt.04-02-2026
                                                       3/3




                     similar nature in future.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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