Shahid Ali Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Bishwajeet Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶11

2 29-06-2026

¶12

Heard, Mr. Bishwajeet Singh learned counsel for

¶13

the petitioner and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor for the State.

¶14

Petitioner seeks bail who is in custody since 28.05.2026 in connection with Hariharnath P.S. Case No. 89 of 2026, F.I.R. dated 27.05.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise ( Amendment) Act, 2018.

¶15

Recovery is of 308.04 liters of foreign liquor.

¶16

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has

¶17

Patna High Court CR. MISC. No.40126 of 2026(2) dt.29-06-2026 2/3

¶18

been made from a tractor in question and he is not the owner of the tractor in question. The petitioner has no concern at all from the recovery of the illicit liquor and he has been made accused merely on the basis of suspicion and the seizure list witnesses are police personnel, so there is non-compliance of Section 103 and 105 of BNSS. The petitioner is in custody since 28.05.2026.

¶19

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent of similar nature other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.

¶20

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 2^nd Exclusive Special Excise Judge, Saran at Chapra in connection with Hariharnath P.S. Case No. 89 of 2026, subject to the following conditions:-

¶21

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

¶22

Patna High Court CR. MISC. No.40126 of 2026(2) dt.29-06-2026 3/3

¶23

on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

¶24

ii. If the petitioner tampers with the evidence or the 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

Vanisha/-

¶28

U T

Shahid Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shahid Ali 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

Md. Tamil Raza Vs The State of Bihar

Raushan @ Rocky Kumar @ Rocky Vs The State of Bihar

Suggan Harijan Vs The State of Bihar

Hariom Sharraf Vs The State of Bihar

Md. Shahrukh Vs The State of Bihar

Rangila Devi Vs The State of Bihar