Md. Sarfaraj @ Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50093 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- Sahayak Khajanchi District- Purnia ====================================================== 1.

Md. Sarfaraj @ Sarfaraz S/o Md. Khalil Resident of Hari Bhitta, Ward no 05, PS- Dighalbank, District- Kishanganj 2.

Shabni Perween D/o Haroon Rashid @ Harun Rashid R/o Burj tola, Laxmipur, ward no. 7, P.s. - Dighalbank, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sahayak Khazanchi PS Case No. 182 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 258.80 litres of foreign liquor was recovered from Bus bearing Regd No. BR43PA-9425.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.50093 of 2025(2) dt.31-07-2025 2/2 , got no concern with the alleged recovery of liquor. It is submitted that petitioners are neither the owner nor the driver of the seized vehicle. It is further submitted that petitioners are sitting as passenger in the vehicle and they have no knowledge regarding the nature of goods booked by the transporter. The petitioners are in custody since 20.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners 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 Court below/concerned Court in connection with Sahayak Khazanchi PS Case No. 182 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T