Patna High Court
Md. Salaam @ SalaamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted as the petitioner was not found in possession of the contraband, had no antecedents, and procedural safeguards under Section 103 were not observed.
Summary
The petitioner, Md. Salaam, was arrested in connection with a case alleging possession of 801 litres of liquor recovered from four motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, he has no prior criminal record, and that the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed the bail application. Considering the lack of incriminating evidence against the petitioner, his clean record, and the procedural lapse, the Court decided to grant bail. The Court ordered the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount. The bail was granted subject to the satisfaction of the lower court handling the original case.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the absence of incriminating material in his possession
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13985 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
Md. Salaam @ Salaam S/O Abu Shama R/O Vill.- Baira, P.S.- Jaynagar,
Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Basopatti P.S. Case No. 6 of 2026 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 801 litres
of liquor was recovered from four motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
Patna High Court CR. MISC. No.13985 of 2026(2) dt.26-02-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 13.01.2026 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Basopatti P.S. Case
No. 6 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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