Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44954 of 2026 Arising Out of PS. Case No.-195 Year-2026 Thana- DHAKA District- East Champaran ====================================================== Kasim Son of Akbar Mansoori Resident of Village-Ward no. 21, Naya Tola Dhaka ,P.S-Dhaka ,District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 Heard the parties 2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Dhaka P.S. Case No. 195 of 2026 registered for the offences punishable under Section 30(a) of Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20 litres of IMFL/country made liquor. 4.Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from motorcycle. The name of petitioner transpires on the basis of confessional statement of apprehended co-accused person namely, Ajay Ram. It is further submitted that petitioner was not apprehended at the spot and is not

Patna High Court CR. MISC. No.44954 of 2026(2) dt.08-07-2026 2/2 connected in any manner with alleged vehicle, where illicit liquor was recovered. It is submitted that recovery is not made from conscious physical possession of the petitioner, who is a man of clean antecedent.

5 Learned APP, opposed the prayer of bail.

6.In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the conscious possession of the petitioner, who is a man of clean antecedent, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, 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 Spl. Excise Court no. 3 I/C, East Champaran at Motihari /concerned Court, where the case is pending in connection with Dhaka P.S. Case No. 195 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T