Patna High Court

Md. Amir KalamversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Amir Kalam, was arrested in connection with a case under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act for allegedly transporting 132.96 litres of liquor. He contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and was not the owner, asserting false implication. The State opposed bail, while the petitioner highlighted the absence of any incriminating article in his possession and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, considering the facts, the period of custody since 23‑11‑2025, and the petitioner’s single prior criminal antecedent, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused driver under the Bihar Prohibition and Excise Act offences.
Whether the accused’s lack of ownership and knowledge of the contraband negates the necessity for continued custody.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
liquor seizure
driver
knowledge of contraband
Section 103
Bharatiya Nagarika Suraksha Sanhita
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5166 of 2026
                          Arising Out of PS. Case No.-467 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
                 Md. Amir Kalam Son of Masiul Kalam @ Masihul Kalam Resident of
                 Dilawarpur, Ward No.- 13, P.S.- Baheri, District - Darbhanga
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mrs. Niharika Rani, Advocate
                                                    Mr. Md Fazle Karim, Advocate
                 For the Opposite Party/s :         Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Baisi

                   P.S. Case No. 467/2025 instituted for the offences punishable

                   under Sections 30(a), 41 and 47 of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 132.960

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further

                   submitted that petitioner is the driver of the vehicle in question

                   but he had no knowledge regarding the goods loaded in the
             Patna High Court CR. MISC. No.5166 of 2026(2) dt.29-01-2026
                                                          2/2


                       vehicle. The petitioner is in custody since 23.11.2025 and has

                       one criminal antecedent. There is no compliance of Section 103

                       of the Bharatiya Nagarika 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 as also 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, after framing

                       of charge, if not already framed, 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 Baisi P.S. Case No.

                       467/2025, subject to the following conditions:-

                                     (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                     (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)
atul/-

U        T

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