Md. Salman Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Md. Salman Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release upon arrest or surrender before the Court below within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Addl. Sessions Judge-II-cum-Special Judge (Excise Act), Madhubani, in connection with Kaluahi P.S. Case No. 183 of 2024, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023 conditions, cooperation in investigation/trial, and expeditious verification of criminal antecedents with cancellation of the bail bond if concealment is found.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Md. Salman, who apprehends arrest in Kaluahi P.S. Case No. 183 of 2024 (offences under Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 3(5) of the Bihar Nyay Sanhita).

Court's answer

Anticipatory bail allowed: the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, is to be released on bail.

Ratio / Principle

Release conditioned on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each.

Key takeaways

Bail bond and sureties to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, (Excise Act), Madhubani, in connection with Kaluahi P.S. Case No.183 of 2024.ratio¶¶17
Bail is subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure and Section 482 (2) of the B.N.S.S., 2023.ratio¶¶17
Further condition imposed: the petitioner shall co-operate in the investigation/trial.ratio

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J), oral order dated 13-05-2025, allowed anticipatory bail to Md. Salman, apprehending arrest in Kaluahi P.S. Case No. 183 of 2024 (District Madhubani), registered for offences under Sections 41, 47 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 3(5) of the Bihar Nyay Sanhita, following recovery of 82.8 liters of Nepali liquor from a tempo found in a forest area. The petitioner was not named in the F.I.R., his name having surfaced through the statement of co-accused Ranjeet Kumar Yadav (who claimed to be the tempo's driver); counsel submitted the petitioner neither owned the tempo (owner: Amar Kumar) nor had any concern with the liquor, and that the seizure list bore no independent witness. Bail ordered on arrest/surrender within four weeks on a Rs. 10,000/- bond with two like sureties before the Addl. Sessions Judge-II-cum-Special Judge (Excise Act), Madhubani, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S., 2023 conditions, cooperation in investigation/trial, and expeditious verification of criminal antecedents with cancellation of the bond if concealment is found.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11243 of 2025

Arising Out of PS. Case No.-183 Year-2024 Thana- KALUAHI District- Madhubani

====================================================== Md. Salman S/O Md. Akhtar R/O Village and P.O. and P.S.- Kaluahi, Distt.Madhubani

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratnakar Jha For the Opposite Party/s : Mr. Akbar Ali ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 13-05-2025 Heard learned Counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 41, 47 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 3(5) of the Bihar Nyay Sanhita.

A perusal of the First Information Report and the seizure list would go to show that a recovery of 82.8 liters of Nepali liquor from a tempo, which was found in a forest area.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of the statement made by co-accused Ranjeet Kumar Yadav stating

Patna High Court CR. MISC. No.11243 of 2025(2) dt.13-05-2025 2/3

that he was the driver of the alleged tempo. However, the petitioner was not named in the F.I.R. It has been submitted that the petitioner is not the owner of the alleged seized tempo and the same belongs to one Amar Kumar. However, it is submitted that the petitioner has no concern either with the tempo or with the seized liquor. Further, there is no independent witness to the seizure list, thereby violating the mandatory provisions of search and seizure.

Learned APP for the State opposes the prayer for anticipatory bail application and submits that the petitioner is accused in one case of similar nature, in response to which learned counsel for the petitioner submits that he is on bail in the said case.

Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, (Excise Act) Madhubani, in connection with Kaluahi P.S. Case No.183 of 2024 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the

Patna High Court CR. MISC. No.11243 of 2025(2) dt.13-05-2025 3/3

B.N.S.S., 2023 and and subject to the further condition that:-

(i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J)

sharun/-

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