Md. Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33967 of 2026 Arising Out of PS. Case No.-332 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Md. Azad S/O Md. Akbar Resident of Ward No. 14, Village- Marwan Khurd, P.S- Karja, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhu Mala Kumari, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode.
2. The petitioner is apprehending his arrest in connection with Sadar Excise P.S. Case No. 332 of 2025 registered under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, altogether 224.640 liter of illicit foreign liqour has been recovered from a tempo.
4. Learned counsel for the petitioner submits that
2/4 petitioner is innocent, has committed no offence and has falsely been implicated in the present case. It is submitted that the petitioner is owner of the seized tempo bearing no. BR06GC2231, which was given to Md. Imran on monthly rent of Rs. 9,000/-. It is next submitted that the driver Md. Imran was handed over the aforementioned tempo and police apprehended him along with Dilshad Ali and they have already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 19.01.2026 passed in Cr. Misc. No. 2451 of 2026 in which they have denied that they were the driver of tempo bearing no. BR06GC-2231. This fact has been pointed out by the learned APP during course of consideration.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances and that the so called driver Md. Imran was the factum of their being arrested by the police from the spot with seized article has not been denied and it is the case of the petitioner that the said tempo was given to Md. Imran on monthly rent of Rs.9,000/-, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
3/4 his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Saran at Chapra in connection with Sadar Excise P.S. Case No.
(iv) the petitioner(s) shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) Abhishek/- U T