Patna High Court
Abdul Salam @ MisterversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
Abdul Salam was implicated in an excise case for the alleged possession of 441 litres of illicit liquor, though the prosecution could not establish that the liquor was in his conscious possession and he was neither the driver nor the owner of the vehicle. The petitioner sought anticipatory bail, arguing lack of incriminating material against him. The State opposed the bail, highlighting seven prior criminal antecedents, including one for a similar offence. The court considered the large quantity of liquor recovered and the petitioner’s criminal history. Consequently, the court refused the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offence and his prior criminal antecedents
Subjects
- anticipatory bail
- excise offence
- illicit liquor
- criminal antecedents
- Bihar Prohibition and Excise Act
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19994 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Abdul Salam @ Mister Son of Md. Hanif R/o Village - Jhanjharpur, P.S. -
Jhanjharpur, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Excise P.S.
Jhanjharpur Case No. 239 of 2025 registered for the offences
punishable under Sections 30(a), 32(1), 32(3) of Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 441 liters illicit liquor
was recovered from the seized vehicle.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question. He has been made accused in
this case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner has got seven criminal
Patna High Court CR. MISC. No.19994 of 2026(2) dt.08-04-2026
2/2
antecedents out of which one criminal antecedent is of similar
nature.
6. Considering huge quantity of recovery and criminal
antecedents, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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