Patna High Court
Md. Ahasan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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
Checking your session…