Md. Rustam @ Rustam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20950 of 2026 Arising Out of PS. Case No.-88 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Md. Rustam @ Rustam Ali Son of Late Abdul Gafar Resident of VillageKarimchak, Korar, P.S.- Chapra Nagar, District- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2026 Heard Mr. Samir Kumar, learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.05.2025, in connection with Sadar Excise P.S. Case No. 88 of 2025, F.I.R. dated 08.05.2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016.

3. Recovery is of 56 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the Toto in question and

Patna High Court CR. MISC. No.20950 of 2026(2) dt.30-03-2026 2/3 petitioner is neither the owner nor the driver of the Toto in question and the petitioner was the passenger in Toto in question. He further submits that the petitioner has been made accused on the basis of suspicion and co-accused person namely, Maksud Alam who is driver of the Toto in question has been granted bail by a Coordinate Bench of this Court vide order dated 24.09.2025 passed in Cr. Misc. No. 67938 of 2025. He further submits that there is non-compliance of Section 103 of BNSS, 2023 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.05.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is non-compliance of Sections 103 of the BNSS, 2023 and similarly situated co-accused person has been granted bail by a Coordinate Bench of this Court, let the petitioner, above named, be released 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 Exclusive Special Excise

Patna High Court CR. MISC. No.20950 of 2026(2) dt.30-03-2026 3/3 Court No. 03, Saran at Chapra in connection with Sadar Excise P.S. Case No. 88 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T