Patna High CourtCR. MISC./20526/2026allowed

Md. Nisar @ Md. Nesar v. The State Of Bihar

2026-03-31Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20526 of 2026 Arising Out of PS. Case No.-92 Year-2024 Thana- MADHWAPUR District- Madhubani ====================================================== Md. Nisar @ Md. Nesar S/O Abdul Jabbar Sah Resident of Village- Dargah Chowk, Ward No. 14, P.S- Madhubani Town, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Madhawapur P.S. Case No. 92 of 2024 registered for the offence punishable under Sections 274 and 275 of B.N.S and Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution, in short, is that from a four wheeler, altogether 207 liters of illicit foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He was not apprehended at the place of occurrence. He has been framed in this case only on the basis of ownership. He is owner of the seized vehicle. At that time, the

Patna High Court CR. MISC. No.20526 of 2026(2) dt.31-03-2026 2/2 vehicle was driven by the driver. He is having no knowledge regarding the alleged liquor. He is having no criminal antecedent and he is languishing in judicial custody since 23.02.2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Madhubani in connection with Madhawapur P.S. Case No. 92 of 2024.

(Ashok Kumar Pandey, J) lata/- U T