Sohel Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49243 of 2026 Arising Out of PS. Case No.-111 Year-2026 Thana- Excise P.S. District- Bhojpur ====================================================== Sohel Khan Son of Late Ali Sher Khan @ Alisher Khan Resident of Village/ Mohalla- Saripur (Sarimpur), Ward No.36, P.S.- Audyogik Kheshtra (Industrial Area), District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar ., Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in P.S. Sadar (Ara) Case No. 111 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 444 liters liquor was recovered from two cars and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.49243 of 2026(2) dt.21-07-2026 2/2 further submitted that petitioner is the driver of the one of the vehicle i.e. Tata Punch and he had no concern with regard to nature of goods kept in the said vehicle. The petitioner is in custody since 26.05.2026 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with P.S. Sadar (Ara) Case No. 111 of 2026.
(Rudra Prakash Mishra, J) sukriti/- U T