Md. Fakira v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8500 of 2026 Arising Out of PS. Case No.-397 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Md. Fakira Son of Late Nathuni Mansoori @ late Md. Nathuni VillageKharka PS -Runnisaidpur District -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Runnisaidpur PS Case No. 397 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 1035.780 liters liquor was recovered from one Bolero and two motorcycles.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.8500 of 2026(2) dt.04-02-2026 2/2 no concern with the alleged recovery of liquor. It is submitted that name of the petitioner is disclosed by apprehended coaccused person. Petitioner has no concern with any of the seized vehicles. The petitioner is in custody since 03.01.2026 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 27.11.2025, passed in Cr. Misc. No. 81853 of 2025.

5.

Learned A.P.P. 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, clean antecedent of the petitioner and 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Runnisaidpur PS Case No. 397 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T