Patna High CourtCR. MISC./5296/2026bail granted

Md. Istihak @ Md. Istiyaque v. The State Of Bihar

2026-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5296 of 2026 Arising Out of PS. Case No.-905 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== MD. Istihak @ MD. Istiyaque S/O Md. Mustak R/O Village - Badi Khagoul Jamaldhin Chak, Police station- Khagaoul, District- Patna,Bihar-801105 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No. 905/2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 338, 336(3) and 318(4) of the B.N.S.

3. The prosecution case, in short, is that total 389.25 litres of liquor was recovered from car.

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

Patna High Court CR. MISC. No.5296 of 2026(2) dt.29-01-2026 2/2 that petitioner is in no manner connected with the vehicle in question or with the alleged recovery of liquor. The petitioner is in custody since 22.11.2025 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 Makhdumpur (Tehta) P.S. Case No. 905/2025.

(Rudra Prakash Mishra, J) atul/- U T