Md Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9724 of 2026 Arising Out of PS. Case No.-861 Year-2025 Thana- Excise P.S. District- Kishanganj ====================================================== Md Mustafa son of Md Salim Resident of village- Bghmara Ward no. 07, PsThakurganj, Dist- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Madhya Nisedh P.S. Case No. 861 of 2025, giving rise to Special Case No. 878 of 2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 26 litres of IMFL/country made liquor from scooty.

4. Learned counsel appearing on behalf of the petitioner submitted that implication of this petitioner is only for the reason that he is the registered owner of the alleged scooty from where recovery of alleged illicit liquor was made. It is submitted that

Patna High Court CR. MISC. No.9724 of 2026(2) dt.17-02-2026 2/2 petitioner is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Kishanganj/concerned Court, where the case is pending in connection with Madhya Nisedh P.S. Case No. 861 of 2025, giving rise to Special Case No. 878 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T