Salauddin Hazam @ Salauddin Hussain @ Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89291 of 2025 Arising Out of PS. Case No.-124 Year-2017 Thana- VIJAYEPUR District- Gopalganj ====================================================== Salauddin Hazam @ Salauddin Hussain @ Salauddin Son of Shyam Bahadur Hazam Resident of Village - Chharidaha, P.S.- Vijaypur, District - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmveer For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-12-2025 Heard learned counsel for the parties.

2. Petitioner is seeking bail in connection with Vijaypur P.S. Case No. 124 of 2017 dated 12.07.2017 registered for the offences under Sections 272/273/420 of I.P.C. and Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. Learned counsel for the petitioner submits that petitioner was made accused in Vijaypur P.S. Case No. 124 of 2017 registered under Sections 272/273/420 of the Indian Penal Code and Sections 30(a)/37(b) of the Bihar Prohibition and Excise Act and was granted bail by the order dated 27.07.2017 by the Court of learned Additional Sessions Judge, Excise Court, Gopalganj. The privilege of regular bail, so granted, was cancelled on the ground that the petitioner could not appear physically on each and every date so fixed and had violated the undertaking given to full co-operation in the trial by the Court

Patna High Court CR. MISC. No.89291 of 2025(2) dt.24-12-2025 2/2 concerned.

4. Counsel for the petitioner fairly submits that the petitioner in order to earn his livelihood had gone outside the jurisdiction and territory of the court of District Gopalganj, because of which, he could not ensure his presence each and every date owing to which the cancellation has been directed. It has next been submitted that he undertakes to remain physically present on the date so fixed by the trial court in order to give full co-operation in conclusion of the trial in question.

5. Considering the aforesaid, the order dated 13.10.2025 passed by the District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Court No-II, Gopalganj in Vijaypur P.S. Case No. 124 of 2017 is set aside and the petitioner is directed to be released on bail to the satisfaction of learned court concerned, who would be imposing condition of such nature in his discretion, which shall protect his right of livelihood, while ensuring conclusion of trial within a time line. (Ajit Kumar, J) shailendra/- U T