Ehteyab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11203 of 2026 Arising Out of PS. Case No.-231 Year-2025 Thana- Lakho District- Begusarai ====================================================== Ehteyab Son of Latafat Ali Resident of Village- Bahrampur Wadli, P.S.- Babuganj, Chawni, District- Hapur, State- Utarpradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lakho P.S. Case No. 231 of 2025 registered for the offences punishable under Sections 30(a), 32(i)(ii) and 41(i) of Bihar Prohibition and Excise Act and Section 336(3), 340(i)(ii) and 318(4) of B.N.S.

3. As per the allegation, total 4617 liters of illicit foreign liquor was seized from a truck bearing Registration No. JK-14-K4538.

4. Learned counsel for the petitioner submits that petitioner has got no concern with the alleged seized liquor, since he is only the cleaner of the vehicle in question and the truck does not belong to him. The petitioner was not aware

Patna High Court CR. MISC. No.11203 of 2026(3) dt.01-04-2026 2/3 about the alleged liquor which was loaded in his truck since he was obeying the dictates of the owner of the truck. Learned counsel for the petitioner further submits that the seizure list has been prepared in complete violation of the provisions of Section 103 of the BNSS, since no independent witness has come forward to support the case of the prosecution. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 10.12.2025 having no criminal antecedent. Learned counsel for the petitioner has further submitted that co-accused Nasir @ Sonu @ Nasir, who happens to be driver of truck in question, has been granted the privilege of bail by the Co-ordinate Bench of this Court vide order dated 17.02.2026 passed in Cr. Misc. No. 11828 of 2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Lakho P.S. Case No. 231 of 2025

Patna High Court CR. MISC. No.11203 of 2026(3) dt.01-04-2026 3/3 with following conditions:- (i) One of the bailors should be a close relative/family member of the petitioner.

(ii) The petitioner will co-operate in the trial.

7. The learned trial Court shall verify the criminal antecedent of the petitioner and in case at any stage if it is found that the petitioner has concealed his criminal antecedent, then the Court below shall take steps for cancellation of his bail bond. However, the acceptance of the bail bond in terms of the above mentioned order shall not be delayed for the purpose of or in the name of verification.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T