Md. Bakhtiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60012 of 2025 Arising Out of PS. Case No.-555 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md. Bakhtiyar S/o- Md. Manjeer @ Md. Najir Resident of Village- Abdul Nagar @ Madhopur,Ward No.8, PS- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 30(d) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 1564 empty bottles of illicit liquor were recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to dirty village politics. Further submission is that the house in question from where the alleged recovery has been made is a joint property, not used for residence purpose and is owned by other co-parcener of the joint family. Seizure list witnesses are not independent witnesses. Petitioner has no

Patna High Court CR. MISC. No.60012 of 2025(2) dt.21-08-2025 2/2 concern with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner. It is submitted that petitioner is a student having clean antecedent and he is in custody since 10.07.2025. There is no chance of absconding of the petitioner or tampering with the evidence. Petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, 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 Court Excise-1, Muzaffarpur in connection with Ahiyapur P.S. Case No.555 of 2025.

(Sunil Dutta Mishra, J) utkarsh/- U T