Created by Fuzzy Cloud

Patna High Court

Abdul Salam @ MisterversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.