Md. Safique Miyan Darji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41693 of 2026 Arising Out of PS. Case No.-76 Year-2026 Thana- Pachpakdi District- East Champaran ====================================================== Md. Safique Miyan Darji S/o Shamsuddin Miyan Resident of Village - Maholiya, P.S. - Gaur, District - Rauthat, Nepal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sugandh Saurabh, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 27-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. 2.Petitioner is in custody in connection with Pachpakadi P.S. Case No. 76 of 2026 registered for the offence punishable under Section 317(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total 219.6 litres illicit Nepali liquor was recovered from the carton boxes which were kept on the motorcycles, out of which 99 litres Nepali liquor was found from the petitioner's Pulsar motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner rather the alleged

Patna High Court CR. MISC. No.41693 of 2026(3) dt.27-07-2026 2/2 recovery of liquor has been shown to be recovered from the motorcycle of the petitioner, which does not belong to the petitioner. He further submits that the name of the petitioner has been dragged in this case because of the village politics. He further submits that the petitioner has no concern with the recovered liquor. He next submits that the petitioner is in custody since 29.04.2026 and he has got clean criminal antecedent as per paragraph 3 of the bail petition.

5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and also submission of learned counsel for the petitioner, let the above named petitioner 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 the learned Exclusive Special Excise Judge-1, East Champaran at Motihari in connection with Pachpakadi P.S. Case No. 76 of 2026. (Girijish Kumar, J) dhaneshwar/- U T