Created by Fuzzy Cloud

Patna High Court

Md. Ahasan AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Ahasan Alam, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 37.71 liters of liquor recovered at Chapra Railway Station. He contended that he was merely present at the station to board a train and had no conscious possession of the liquor, asserting his innocence and clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s lack of prior convictions, the short period of custody since 27‑10‑2025, and the absence of incriminating material directly linking him to the liquor. Consequently, the Court granted bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the petitioner’s clean antecedent
  • Whether the requirements of Section 103 of the BNSS, 2023 for bail have been satisfied

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor possession
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90864 of 2025
                   Arising Out of PS. Case No.-222 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
                 Md. Ahasan Alam S/O Md. Md. Ibrar Ali @ Ibrar Alam R/O- Jitwarpur
                 Chauth/ Dih, Ward no. 17, P.S- Samastipur Muffasil, Dist- Samastipur-848134

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

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

2   12-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Chapra

                   Rail PS Case No. 222 of 2025 instituted for the offences under

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

                           3.       The prosecution case, in short, is that 106.65 liters

                   liquor was recovered, out of which 37.710 liters liquor

                   recovered from the possession of the petitioner at Chapra

                   Railway Station.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
           Patna High Court CR. MISC. No.90864 of 2025(2) dt.12-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. It is submitted

                     that petitioner was merely present for boarding train at the

                     station and he has become the victim of the circumstance. The

                     petitioner is in custody since 27.10.2025 and has got no criminal

                     antecedent/s. There is no compliance of Section 103 of the

                     BNSS, 2023.

                             5.      Learned A.P.P. 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, clean antecedent of the petitioner and 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court             in connection with Chapra Rail PS

                     Case No. 222 of 2025.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.