Md. Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42883 of 2026 Arising Out of PS. Case No.-168 Year-2026 Thana- Excise P.S. District- Araria ====================================================== 1.

Md. Sajjad Son of Late Md Sahub @ Late Mohammad Sahub Resident of Village - Mathana Milik, Ward No.- 08, P.S.- Garoul, District - Vaishali. 2.

Aman Kumar Son of Lalu Swarnkar Resident of Village - Gadhbanili, Ward No.- 02, P.S.- Kasba, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

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

02. In the present case, the petitioners seek bail in connection with Araria P.S. Case No. 168 of 2026 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, petitioners were apprehended when their vehicle was intercepted on the basis of secret information of transportation of illicit liquor and from search of their vehicle, recovery of 126 liters of foreign liquor was made.

04. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.42883 of 2026(2) dt.01-07-2026 2/3 the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from conscious possession of the petitioners. Learned counsel further submits that the petitioners are neither the owner nor have any concern with the seized vehicle or the seized liquor. The petitioners have been implicated in this case due to the highhandedness of the police. Learned counsel further submits that the petitioners are having clean antecedent and they are in custody since 10.05.2026.

05. Learned APP for the State opposes the submission made on behalf of the petitioners.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and further considering the period of custody of the petitioners and their clean antecedent, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned I/c Exclusive Special Judge, Excise-II, Araria/court concerned in connection with Araria P.S. Case No. 168 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

Patna High Court CR. MISC. No.42883 of 2026(2) dt.01-07-2026 3/3 (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 court below.

(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) Ashish/- U T