Safakkat Alam @ Md Safkat Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21475 of 2026 Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Safakkat Alam @ Md Safkat Alam, S/O Hajrat Ali, R/O Village-Girda ward no. 11, Ramganj, PS- Jokihat, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short is that from a vehicle, altogether 121.560 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is neither the driver nor the owner of the vehicle. He was just a passenger in that vehicle. He was unaware of the liquor being kept in the vehicle. Nothing has been recovered from his possession. It has further been

Patna High Court CR. MISC. No.21475 of 2026(2) dt.06-04-2026 2/2 submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 23.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of four cases which is described in para '4' of the bail petition.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madya Nisedh P.S. Case No. 222 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Kishanganj with the condition that petitioner shall not indulge himself in similar nature of offences in future.

(Ashok Kumar Pandey, J) lata/- U T