Md. Sataur Rahman @ Sataur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14184 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- KALUAHI District- Madhubani ====================================================== 1.

Md. Sataur Rahman @ Sataur Rahman, Male, aged about 60 years, Son of Late Md. Daud Ansari, R/o- Village - Dhanga, P.S - Arer, District - Madhubani 2.

Rahmat Nadaf, Male, aged about 23 years, Son of Md. Tahir Nadaf, R/oVillage - Kaluahi, P.S - Kaluahi, District - Madhubani ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Kaluahi P.S. Case No. 04 of 2025 dated 06.01.2025 registered for the offences punishable under Section 3(5) of B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 153 litres of Nepali country Saurav Saufi liquor is said to have been recovered from the Mango Orchard.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.14184 of 2025(2) dt.27-03-2025 2/2 the present case. No incriminating article has been recovered from the possession of the petitioners rather the same has been recovered from the Mango Orchard of Md. Yunus. They have no concern with the alleged offence. There is no statutory compliance of Section 103 of the B.N.S.S. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application. The petitioners are in custody in this case since 07.01.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Kaluahi P.S. Case No. 04 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T