Rizwan Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34562 of 2025 Arising out of PS. Case No.-185 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Rizwan Alam, S/o Late Jamiluddin, R/o Dasharna Tola Jamera, Ward No. 1, P.S.- Jokihat, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bahadurganj P.S. Case No. 185 of 2025 registered for the offences punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act. He has three criminal antecedents.
3. As per the prosecution case, the police intercepted a Scorpio car and on search, 287.40 liters of foreign liquor was recovered. It is further alleged that a Maruti car which was following the said Scorpio was also intercepted and four persons were apprehended including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no
Patna High Court CR. MISC. No.34562 of 2025(2) dt.20-06-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. It has further been submitted that the petitioner has no concern with the said Scorpio or the seized liquor and he has been falsely implicated merely because the Swift car was running behind the Scorpio and merely on the basis of suspicion, the petitioner has been arrested. It has lastly been submitted that the petitioner has three criminal antecedents and he is in judicial custody since 18.04.2025.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody of the petitioner, let the above named petitioner 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 learned Exclusive Special Judge (Excise) Kishanganj in connection with Bahadurganj P.S. Case No. 185 of 2025 (Special Case No. 103 of 2024) subject to the following conditions : a. One of the bailors of the petitioners shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the
Patna High Court CR. MISC. No.34562 of 2025(2) dt.20-06-2025 3/3 trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
d. 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 abovementioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Vikash/- U T