Md. Vahid @ Md. Vahid Rayeen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44077 of 2026 Arising Out of PS. Case No.-217 Year-2026 Thana- SURSAND District- Sitamarhi ====================================================== Md. Vahid @ Md. Vahid Rayeen, S/O Md. Rafik Rayeen, Resident of village - Nauni, Police Station- Jaleshwor, District- Mahottari (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sursand P.S. Case No. 217 of 2026, registered for the alleged offence under Section 317(5) of BNS and Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, the petitioner was apprehended transporting 135 liters of illicit Nepali liquor on a stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioner. The motorcycle from which recovery has been shown does not belong to this petitioner and

Patna High Court CR. MISC. No.44077 of 2026(2) dt.08-07-2026 2/3 the petitioner has no concern with the seized liquor in any manner. The petitioner is in custody since 27.04.2026 and is having clean antecedent. The charge sheet has been submitted.

5. Learned APP for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and further considering the submission of charge sheet against him and period of custody of the petitioner along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.II, Sitamarhi/court concerned in connection with Sursand P.S. Case No. 217 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.44077 of 2026(2) dt.08-07-2026 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T