Patna High Court
Salman @ SalamanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Salman, was arrested in connection with the seizure of 187.200 litres of illicit foreign liquor under Sections 30(a), 32(1), 32(3) and 41(1)(2) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the seized vehicle, had no incriminating material in his possession, and possessed a clean criminal record, having been in custody since 15 March 2026. The State opposed his bail application. Considering the petitioner’s clean antecedent, lack of direct evidence, and the short period of custody, the Court allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties of the same amount, subject to monthly police station attendance and a deposit of Rs.25,000 to a charitable institution. The bail order was conditioned on compliance with these terms.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act and the facts presented.
Subjects
- bail
- criminal procedure
- excise law
- illicit liquor
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23045 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Salman @ Salaman son of Minhamaj @ Mirhamja @ Mirahamj Resident of
Pachokhar P.S - Dildarnagar, Dist- Ghazipur Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the parties.
2. This case has been notified and being heard out of
turn on the urgent mentioning made by learned counsel for the
petitioner as the petitioner get marriage on 4th April, 2026. The
marriage card produced by learned counsel for the petitioner is
taken on record.
3. The petitioner seeks regular bail in connection with
Bhabhua Excise P.S. Case No. 134 of 2026, registered under
Sections 30(a), 32(1), (3), 41 (1) (2) of the Bihar Prohibition and
Excise Act.
4. The recovery is of 187.200 litres of illicit foreign
liquor.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.23045 of 2026(2) dt.02-04-2026
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present case. Petitioner is not the owner of the seized Scorpio
and he has no concern with the alleged recovery. No
incriminating material has been recovered from the conscious
possession of the petitioner. The petitioner has no criminal
antecedent and he is in custody since 15.03.2026.
6. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case, clean antecedent of the petitioner and period of custody,
this application is allowed.
8. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge (Excise)-II,
Kaimur at Bhabhua /concerned court below in connection with
Bhabhua Excise P.S. Case No. 134 of 2026, subject to
conditions that:
9. The petitioner will mark his attendance at
Dildarnagar Police Station on every Sunday of each month. Any
default in appearance at the local Police Station will result into
cancellation of his bail bond.
10. This is also subject to the condition that the
Patna High Court CR. MISC. No.23045 of 2026(2) dt.02-04-2026
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petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Varanasi and produce the receipt
of the same before the Court below. The bail bonds of the
petitioner shall be accepted after verifying the genuineness of
the receipt produced by the petitioner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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