Md. Noor @ Md. Noor Alam @ Md. Nur Alam @ Noor Alam @ Nur Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27774 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- MUSRIGHRARI District- Samastipur ====================================================== Md. Noor @ Md. Noor Alam @ Md. Nur Alam @ Noor Alam @ Nur Alam S/O Late Kayum R/O- Bhutan, P.S.- Hathauri, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Ms. Meena Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.03.2026 in connection with Musrigharari P.S. Case No. 08 of 2026, F.I.R. dated 14.01.2026 for the offences punishable under Section 30(a) and of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 2800.440 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been 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
Patna High Court CR. MISC. No.27774 of 2026(2) dt.27-04-2026 2/3 the recovery of altogether 2800.440 liters of illicit liquor has been made from the truck in question and one Pukraj was arrested and disclosed that the petitioner is the owner of the said truck. He further submits that petitioner has been made accused merely on the ground that he is owner of the truck in question. It appears from the seizure list that the seizure list witnesses are the police personnel, so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 26.03.2026.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstance that the petitioner has clean antecedent, he has been made accused merely on the ground that he is owner of the truck in question and there is non-compliance of Section 103/105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Samastipur in connection with Musrigharari P.S. Case No. 08 of 2026 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.27774 of 2026(2) dt.27-04-2026 3/3 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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) Vanisha/- U T