Salman @ Salman Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86319 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- JALALPUR District- Saran ====================================================== Salman @ Salman Hussain S/o- Nanhak Miya @ Chhotadin Miyan Village - Gamhariya Russi P.S- - Jalalpur, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jalalpur Police Station Case No. 225 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that, police received confidential information that three persons including the petitioner were selling foreign liquor. On such information, a raid was conducted at the garden of Jay Prakash Verma in village Rusi. The three suspects, identified as Vickky Verma, Salman (petitioner) and Aakash Kumar Prasad, escaped from the scene. On enquiry, local villagers and Chaukidar disclosed the name of fled away three
Patna High Court CR. MISC. No.86319 of 2025(2) dt.23-12-2025 2/3 accused persons including the petitioner. On search, total 4.320 litres of country-made foreign liquor and one Apache motorcycle was recovered from the bush.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come on the discloser made by local villagers and Chaukidar. Petitioner has no concern with the seized motorcycle or liquor. Liquor has been recovered from the bush which is an open space, accessible to all and sundry. Nothing has been recovered from the conscious possession and/or vehicle belonging to the petitioner. Petitioner is having no criminal antecedent.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that recovery has been made from an open space which is accessible to all and sundry and petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. 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
Patna High Court CR. MISC. No.86319 of 2025(2) dt.23-12-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Jalalpur Police Station Case No. 225 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T