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Patna High Court

Salman @ SalamanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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