Hafiz Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3922 of 2026 Arising Out of PS. Case No.-826 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Hafiz Mian Son of Sabullah Miya @ Sanaullah Miya Resident of VillageChargaha, P.S.- Turkauliya, District- East Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 826 of 2019 instituted for the offences punishable under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 2462.400 litres of liquor was recovered from truck.

4. 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 possession of the petitioner. Learned counsel further submitted that petitioner is in no manner connected with the vehicle in

Patna High Court CR. MISC. No.3922 of 2026(2) dt.27-01-2026 2/2 question or the alleged recovery of liquor. The petitioner is in custody since 02.12.2025 and has 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 petitioner.

6. 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.

7. Let the petitioner be released on bail 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 Excise P.S. Case No. 826 of 2019.

(Rudra Prakash Mishra, J) Alok Verma/- U T