Abdul Kalam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44679 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- Ramdas Rai Ka Dera District- Buxar ====================================================== Abdul Kalam Sah S/O Juber Sah @ Jubaid Sah R/O Village- Mathila, P.S.- Koransarai, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Raj, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ramdas Rai Ka Dera P.S. Case no. 19 of 2026 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 46.1175 litres of IMFL was recovered from a bag being carried by the co-accused on a motorcycle. The petitioner was driving the said motorcycle.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession and he has been falsely implicated in the case. He is in custody since 4.5.2026 and has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

Patna High Court CR. MISC. No.44679 of 2026(2) dt.08-07-2026 2/2

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner being in custody since 4.5.2026 and specially his not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Ramdas Rai Ka Dera P.S. Case no. 19 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special Court no.2, Buxar on the following condition:

(i) In case it subsequently transpires that the petitioner had an antecedent under the Bihar Prohibition and Excise Act, 2016, the prosecution will be at liberty to move this Court for cancellation of bail granted to the petitioner. (Partha Sarthy, J) sauravkrsinha/- U T