Md. Nasimulla @ Nasimulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39590 of 2025 Arising Out of PS. Case No.-112 Year-2025 Thana- Excise P.S. District- Araria ====================================================== Md. Nasimulla @ Nasimulla Son of Md. Jamil @ Jameel village- Pathraha, Ghurna, Ps- Ghurna, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Araria (Excise) P.S. Case No. 112 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered total 108 liters of illicit Nepali liquor from the petitioner and other co-accused persons who fled away from the place of occurrence. The petitioner was alleged to be arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.39590 of 2025(2) dt.24-06-2025 2/2 possession of the petitioner. The petitioner has no concern either with the seized liquor or the co-accused person. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 06.04.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Araria (Excise) P.S. Case No. 112 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T