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Patna High Court

Md. KalamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Kalam, was arrested in connection with the seizure of 432 litres of liquor from a motorcycle and charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership of the motorcycle, and that the only evidence against him was a confessional statement of a co‑accused, which he argued lacked evidentiary value. The petitioner also highlighted the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct incriminating material, the petitioner’s custody period, and the nature of the evidence, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged liquor seizure and charges under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
  • Whether a confessional statement of a co‑accused can form a basis for arrest and denial of bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • liquor seizure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • confessional statement
  • suspicion
  • criminal antecedent
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6023 of 2026
                      Arising Out of PS. Case No.-148 Year-2025 Thana- DEODHA District- Madhubani
                 ======================================================
                 Md. Kalam Son of Md. Jamashed R/o Village - Ama Tole, Ushrahi, Ward no.
                 01, P.S. - Deodha, Dist. - Madhubani.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah, Advocate
                                                  Mrs. Archna Aanand, Advocate
                                                  Mr. Sumit Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Deodha P.S. Case No. 148 of 2025, instituted for the offences

                   punishable under Sections 274, 275, 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                 3. The prosecution case, in short, is that 432 liters

                   liquor was recovered from motorcycle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
             Patna High Court CR. MISC. No.6023 of 2026(2) dt.31-01-2026
                                                         2/2




                       for the petitioner also submitted that the petitioner was not

                       arrested on spot. Name of the petitioner has transpired in this

                       case on the basis of confessional statement made by co-accused,

                       namely, Md. Azad and the same has got no evidentiary value in

                       the eye of law. It is further submitted that the petitioner is not

                       the owner of the motorcycle in question and he has been

                       arrested only on the basis of suspicion. The petitioner is in

                       custody since 22.12.2025 and has got one criminal antecedent.

                       There is no compliance of Section 103 of the Bharatiya Nagarik

                       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 and 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 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 Deodha P.S. Case

                       No. 148 of 2025.


                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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