Md. Kafil Alam @ Kafil @ Md. Kafil Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24216 of 2026

Arising Out of PS. Case No.-60 Year-2026 Thana- SIKTI District- Araria

======================================================

Md. Kafil Alam @ Kafil @ Md. Kafil S/o Md. Hasamuddin @ Md. Asamuddin Resident of Village- Singhia, Ward No. 03, P.S.- Sikty, DistrictAraria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s : Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶10

2 15-04-2026

¶11

Heard Mr. Vijay Kishore Bharti, learned counsel

¶12

for the petitioner and Ms. Asha Devi, learned Additional Public Prosecutor for the State.

¶13

Petitioner seeks bail who is in custody since 27.02.2026 in connection with Sikri P.S. Case No. 60 of 2026, F.I.R. dated 27.02.2026 for the offences punishable under Section 30(a), 32(2) and 41 of the Bihar Prohibition and Excise Act, 2018.

¶14

Recovery is of 276 liters of Nepali liquor.

¶15

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure list that

¶16

Patna High Court CR. MISC. No.24216 of 2026(2) dt.15-04-2026 2/3

¶17

nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from vehicle in question and the petitioner was apprehended along with the illicit liquor. He further submits that petitioner has no concern at all with the seized motorcycle or liquor. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 27.02.2026.

¶18

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one.

¶19

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Judge Excise-II, Araria in connection with Sikri P.S. Case No. 60 of 2026, subject to the following conditions:-

¶20

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

¶21

Patna High Court CR. MISC. No.24216 of 2026(2) dt.15-04-2026 3/3

¶22

reason, his bail bond shall be cancelled by the Court below.

¶23

ii. If the petitioner tampers with the evidence or the

¶24

witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶25

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

¶26

(Rajesh Kumar Verma, J)

¶27

Suruchi/-

¶28

U T

Md. Kafil Alam @ Kafil @ Md. Kafil v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Kafil Alam @ Kafil @ Md. Kafil v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prahlad Kumar @ Lukku Vs The State of Bihar

Amarjit Kumar @ Amarjeet Kumar Vs The State of Bihar

Manish Kumar Vs The State of Bihar

Piyush Kumar Vs The State of Bihar

Vijay Kumar Jha Vs The State of Bihar

Shrawan Paswan Vs The State of Bihar