Md. Gulam Rasul @ Md. Gulam v. The State Of Bihar
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 DistrictBegusarai ====================================================== 1.
Md. Gulam Rasul @ Md. Gulam S/o- Md. Maquebul R/v- Dariyapur WNo2, Ps- Nayagawn Dist- Begusarai 2.
Md. Hasmat S/o- Md. Manzoor R/v- Dariyapur WNo-2, Ps- Nayagawn DistBegusarai ... ... 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 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