Patna High Court
Md. KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
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
Checking your session…