Md. Ahtasham Uddin @ Ahtashamuddin Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Ahtasham Uddin @ Ahtashamuddin Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions (one bailor an own/close family member; appearance on every trial date, with liberty to the Trial Court to cancel bail bonds on default on two consecutive dates).

Issue for consideration

Whether the petitioner, implicated in Fatuha P.S. Case No. 482 of 2025 for offences punishable under Section 30(a), 56(c) of the Bihar Prohibition and Excise Act, is entitled to be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, bail is granted to the petitioner in connection with Fatuha P.S. Case No. 482 of 2025.

Ratio / Principle

The petitioner is to be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Fatuha P.S. Case No. 482 of 2025.

Key takeaways

Bail is subject to conditions: one of the bailors shall be an own/close member of the family of the petitioner; the petitioner shall appear on each and every date fixed at the trial, and in case of default in appearance on two consecutive dates the Trial Court will have liberty to cancel the bail bonds.ratio¶¶22

Detailed headnote1 paragraphs

Bail — Bihar Prohibition and Excise Act, Ss. 30(a), 56(c) — prosecution case of recovery of total 3173.975 litres of liquor from godown of petitioner — petitioner in custody since 02.07.2025, no criminal antecedent — counsel's contention of non-compliance of S. 103, Bharatiya Nagarika Suraksha Sanhita, 2023 — considering facts, circumstances and period of custody, Patna High Court granted bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, one bailor to be own/close member of the family, subject to appearance on each trial date, default on two consecutive dates conferring liberty on the Trial Court to cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 55912 of 2025

Arising Out of PS. Case No.-482 Year-2025 Thana- FATUA District- Patna

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

Md. Ahtasham Uddin @ Ahtashamuddin S/o Md. Salahuddin R/o Village - Maksudpur, p.S - fatuha, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kahkashan Alam, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 01-11-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Fatuha P.S. Case No. 482 of 2025 instituted for the offences punishable under Section 30(a), 56(c) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 3173.975 litres of liquor was recovered from godown of the petitioner.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No. 55912 of 2025(4) dt.01-11-2025 2/3

possession of the petitioner. Learned counsel further submitted that petitioner is in no manner connected with the alleged recovery of liquor and he is being dragged in this case merely because he is the owner of the godown which he runs on rent. The petitioner is in custody since 02.07.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Fatuha P.S. Case No. 482 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No. 55912 of 2025(4) dt.01-11-2025 3/3

consecutive dates, the Trial Court will have liberty to cancel the

bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Alok Verma/-

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