Md. Okil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48482 of 2026 Arising Out of PS. Case No.-209 Year-2026 Thana- LADANIA District- Madhubani ====================================================== Md. Okil S/O Ali Husain @ Md. Ali Husain Resident of village- Mahua, P.SLadaniya, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the State :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned A.P.P. on behalf of the State.
2. The petitioner has filed this bail application in connection with Ladaniya P.S Case No. 209 of 2026 corresponding to G.R. No. 775 of 2026 registered for the offence punishable under Sections 274, 275, 3(5) of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).
3. As per the prosecution story, there was a recovery of 90 liters of Nepali liquor from the bora bag which was attached to the motorcycle. Admittedly, the petitioner is not the owner of the motorcycle as the owner of the motorcycle has also been made accused.
4. Learned counsel of the petitioner submits that the
Patna High Court CR. MISC. No.48482 of 2026(2) dt.22-07-2026 2/3 petitioner has not made any offence as alleged in the FIR and he is innocent and he has been falsely implicated in this case due to suspicion and nothing has been recovered from the conscious possession of the petitioner. It has also been submitted that neither the alleged 90 liters of Nepali liquor nor the motorcycle belongs to the petitioner.
5. It has further been submitted that the petitioner is a person of local area and at the time of occurrence, he was returning from his relative's place but he was caught hold only due to suspicion from gathering people, otherwise, nothing was recovered from the conscious possession of the petitioner and there is no independent witness of the seizure list.
6. The petitioner is having a clean antecedent and is in judicial custody since 27.05.2026.
7. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Madhubani in connection with Ladaniya P.S Case No. 209 of
Patna High Court CR. MISC. No.48482 of 2026(2) dt.22-07-2026 3/3 2026 on the following condition:- (i) That one of the bailor should be family member of the petitioner.
(ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Kumar Manish, J) Ritwika/- U T