Md. Muzzafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42152 of 2026 Arising Out of PS. Case No.-308 Year-2026 Thana- Excise P.S. District- Purnia ====================================================== 1.

Md. Muzzafar, S/O Md. Rabbani, R/O Village- Churamba, Ward No. 9, P.SBasudevepur, Distt.- Munger. 2.

Anjali Devi W/O Rajesh Paswan R/O Village- Ghorgat Belwa, Ward No. 8, P.S- Ranipatra, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Purnea Excise P.S. Case No.308/2026, registered for the offence under Section 30 (a) and 47 of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received secret information about the transportation of illicit liquor on a car. Checking of vehicles was started on Check-Post and from the car being driven by the petitioner no.1 in which the petitioner no.2 has been sitting was intercepted and from search of the vehicle, recovery of 68.880 liters of illicit liquor and 6 liters of

Patna High Court CR. MISC. No.42152 of 2026(2) dt.01-07-2026 2/3 beer was made.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioners. The petitioner no.1 is merely a driver of the vehicle and the petitioner no. 2 was a passenger. The owner of the vehicle hired the petitioner no.1 to hand over the vehicle to his relative in early morning, but the petitioners have no knowledge that the illicit liquor was kept in the car. The petitioner no. 2 took lift in the said car and was apprehended with false allegation. The petitioners are in custody since 19.05.2026 and is having clean antecedent.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of recovery, period of custody of the petitioners and their clean antecedent, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1, Purnea/ concerned court, in connection with Purnea Excise P.S.

Patna High Court CR. MISC. No.42152 of 2026(2) dt.01-07-2026 3/3 Case No.308/2026, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

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