Patna High Court
Md. Gulam Rasul @ Md. GulamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The petitioners are entitled to bail in the present case.
Summary
The petitioners, Md. Gulam Rasul and Md. Hasmat, were arrested as passengers in a vehicle from which 423 litres of liquor was seized, alleged to be offences under Sections 30(a), 32(1), 32(2) and 41 of the Bihar Prohibition and Excise Act. They contended that no incriminating article was found on them, they have no criminal antecedents, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. The Court examined the lack of direct possession, the petitioners' clean record, and the length of custody since 23‑12‑2025, and concluded that bail was appropriate. Accordingly, the Court ordered their release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether the petitioners are entitled to bail despite the alleged involvement in offences under the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(1), 32(2), 41
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6132 of 2026
Arising Out of PS. Case No.-353 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Md. Gulam Rasul @ Md. Gulam S/o- Md. Maquebul R/v- Dariyapur WNo-
2, Ps- Nayagawn Dist- Begusarai
2. Md. Hasmat S/o- Md. Manzoor R/v- Dariyapur WNo-2, Ps- Nayagawn Dist-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sahebpur Kamal @ S. Kamal P.S. Case No. 353 of 2025
instituted for the offences punishable under Section 30(a), 32(1),
32(2), 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 423 litres
of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.6132 of 2026(2) dt.02-02-2026
2/2
that petitioners are in no manner connected with the alleged
recovery of liquor. Petitioners are alleged to be the passenger of
the vehicle in question. The petitioners are in custody since
23.12.2025 and have no 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Sahebpur
Kamal @ S. Kamal P.S. Case No. 353 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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