Patna High CourtCR. MISC./44572/2026bail granted

Md. Rahmat v. The State Of Bihar

2026-07-03Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44572 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- KATIHAR GRP CASE District- Katihar ====================================================== Md. Rahmat S/o Md. Yasim R/o Bhagwan Chauk, Sitanagar, P.S. - Nagar, Distt. - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.02.2026, in connection with Katihar G.R.P. P.S. Case No. 33 of 2026, F.I.R. dated 17.02.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 190.355 litres of foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that recovery has

Patna High Court CR. MISC. No.44572 of 2026(2) dt.03-07-2026 2/3 been made from the bag in question and altogether 190.355 litres of foreign liquor was recovered from the bag in question and petitioner has been made accused on the basis of suspicion and he has no role at all with the alleged recovery of illicit liquor. It appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 17.02.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is non-compliance of Sections 103 and 105 of the BNSS, 2023 as well as he has been made accused on the basis of suspicion, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-II, Katihar in connection with Katihar G.R.P. P.S. Case No. 33 of 2026, subject to the following conditions :-

Patna High Court CR. MISC. No.44572 of 2026(2) dt.03-07-2026 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U