Patna High CourtCR. MISC./24989/2025bail granted

Md. Islam v. The State Of Bihar

2025-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24989 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- SIKTI District- Araria ====================================================== MD. ISLAM S/O TASLIM VILL.- PADRIYA, KHAN TOLA, WARD NO.- 12, P.S.- SIKTY, DISTT.- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sikty P.S. Case No. 40 of 2025 instituted for the offences punishable under Sections 30(a), 32(2), 32(3), 41 of the Bihar Prohibition and Excise Act and 317(5), 303(2), 111 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that total 117 litres of Nepali country-made liquor and 1.875 litres of Nepali foreign liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.24989 of 2025(2) dt.23-04-2025 2/2 possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family members of the petitioner also reside. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 21.02.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sikty P.S. Case No. 40 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T