Amzad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50033 of 2026 Arising Out of PS. Case No.-544 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Amzad Alam S/o Mozahid Hussain R/o Village- Jhirwa, P.S- Uchakagaon, Dist- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rizwanul Jama Khan, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 27-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner is apprehending his arrest in connection with Excise Siwan P.S. Case No. 544 of 2025 registered for the offences punishable under Section 30(a)/32(3) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner in the FIR is of recovery of 16.190 litres of country made liquor from a bike and as the bike belongs to petitioner, he has been made an accused.

4. Learned counsel for the petitioner submitted that the petitioner is nowhere connected with the alleged illegal act of carrying liquor and the fact is that on the date of occurrence he was not even in India. He annexed the ticket from Patna to

Patna High Court CR. MISC. No.50033 of 2026(2) dt.27-07-2026 2/3 Bahrain and Bahrain to Patna, which demonstrate to show that the alleged date of occurrence he was not even in India. It is also submitted that the petitioner is a man of clean antecedents.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

6. Having considered the submissions of the parties, in particular the clean antecedent of the petitioner and annexure2, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each of the satisfaction of learned Special Judge, (Excise), Court No. 2, Siwan/concerned court, in connection with Excise Siwan P.S. Case No. 544 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS, with further conditions that:- "(i) One of the bailors shall be family member of the petitioner.

(ii) Petitioner shall cooperate in further investigation if any, in case of non-compliance of aforesaid conditions, the informant/State shall be at liberty to press for cancellation of bail bond of the petitioner before

Patna High Court CR. MISC. No.50033 of 2026(2) dt.27-07-2026 3/3 the learned trial court itself, which be decided, after giving fair opportunity of hearing to the petitioner."

(Ranjan Kumar Jha, J) veena/- U T