Md. Halim Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Halim Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of the petitioner on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-IInd, Araria, subject to the condition of physical presence before the court below on every date.

Issue for consideration

Whether the petitioner, booked in Sikti P.S. Case No. 188 of 2024 under Sections 30(a), 32(2), 32(3), 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 317(2) and 317(5) of the B.N.S., 2023, should be enlarged on bail. +1 more

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-IInd, Araria in connection with Sikti P.S. Case No. 188 of 2024.

Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the learned court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders his bail bonds liable to cancellation.

Detailed headnote1 paragraphs

Bail granted. — Patna High Court, Criminal Miscellaneous No. 23209 of 2025 (decided 22-07-2025, Hon'ble Chandra Prakash Singh, J): Md. Halim, held in Sikti P.S. Case No. 188 of 2024 dated 11.12.2024 (District Araria) for offences under Sections 30(a), 32(2), 32(3), 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 317(2) and 317(5) of the B.N.S., 2023, after prosecution-reported recovery of 180 litres of Resham Lichi Nepali country-made liquor from his motorcycle and from straw near Saidabad Colony, and in custody since 12.12.2024 with seven criminal antecedents (on bail in each), enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excite Court-IInd, Araria; further condition that the petitioner remain physically present before the court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bonds are liable to cancellation. Counsel had contended there was no statutory compliance of Section 103 of the B.N.S.S., 2023; the State (A.P.P.) opposed the bail petition; the court decided on the facts, circumstances and period of custody.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23209 of 2025

Arising Out of PS. Case No.-188 Year-2024 Thana- SIKTI District- Araria

======================================================

Md. Halim, Male, aged about 28 years, Son of Md. Dabir @ Dabloo, Resident of Village - Gadhakat, Ward No.11, P.S. - Sikti, District - Araria

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr. Gopal Kumar Jha, Advocate For the Opposite Party : Mr. Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 22-07-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks bail in connection with Sikti P.S. Case No. 188 of 2024 dated 11.12.2024 registered for the offences punishable under Sections 30(a), 32(2), 32(3), 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 317(2) and 317(5) of the B.N.S., 2023.

As per the prosecution case, total 180 litres of Resham Lichi Nepali Country made liquor was recovered from the motorcycle of the petitioner and from straw situated near Saidabad Colony.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.23209 of 2025(3) dt.22-07-2025 2/3

this case. It is submitted that the petitioner has no concern with the alleged offence. The petitioner is not the owner of the seized motorcycle in question. He has no connection with the seized illicit liquor. No incriminating article has been recovered from the possession of the petitioner. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. The petitioner has seven criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 12.12.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-IInd, Araria in connection with Sikti P.S. Case No. 188 of 2024 with further condition:-

(I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.23209 of 2025(3) dt.22-07-2025 3/3

cause, the bail bonds of the petitioner are

liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

U.K./- U T