Patna High CourtCR. MISC./28409/2026allowed

Md. Raja v. The State Of Bihar

2026-05-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28409 of 2026 Arising Out of PS. Case No.-530 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== MD. RAJA Son of Ali Ahmad @ Ali Mohammad Sah Resident of Village - Ragho Majhouli, P.S.- Bochaha, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a) and 32 (3) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a Bolero vehicle 181.440 liters illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner is merely a co-driver of the vehicle and the driver of the said vehicle managed to escape. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is further submitted that all the witnesses of the

Patna High Court CR. MISC. No.28409 of 2026(2) dt.05-05-2026 2/2 seizure list are police personnel and the police had not complied the mandatory provision of Section 105 of the BNSS. Moreover, the petitioner is languishing in judicial custody since 20.03.2026 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muzafarpur Excise P.S. Case No. 530 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learnedExclusive Special Excise Court No. II, Muzaffarpur. (Ashok Kumar Pandey, J) Jagdish/- U