Patna High Court
Md. KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of direct incriminating material and given the petitioner’s lack of ownership of the alleged contraband vehicles, the court held that bail should be granted subject to conditions.
Summary
Md. Kalam was arrested in connection with the recovery of 495 litres of liquor from three motorcycles and charged under Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his possession, that he does not own the motorcycles, and that the only link to him was a co‑accused’s confessional statement which lacks evidentiary value. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and his prolonged custody since 14‑12‑2025. The State opposed bail, but the Court, considering the absence of direct evidence, the petitioner’s non‑ownership of the vehicles, and the procedural lapse, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions requiring family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the reliance on a co‑accused’s confessional statement and lack of direct possession of the liquor justify bail
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)
Subjects
- bail
- criminal procedure
- evidentiary value of co‑accused confession
- liquor offences
- non‑ownership of vehicle
- Section 103 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14590 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Md. Kalam S/o Md. Jamshed R/o Village - Ama Tole, Ushrahi, Ward No. 01,
P.S - Deodha, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
Ms. Archana Aanand, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Jaynagar P.S. Case No. 444 of 2025, instituted for the offences
punishable under Sections 274, 275, 317(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 495
liters liquor was recovered from three motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.14590 of 2026(2) dt.27-02-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is further
submitted that the petitioner is not the owner of any of the
motorcycles in question. The petitioner is in custody since
14.12.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Jaynagar P.S. Case
No. 444 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.14590 of 2026(2) dt.27-02-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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