Md. Saifil Ahmad @ Jouny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60404 of 2025 Arising Out of PS. Case No.-708 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== 1.
Md. Saifil Ahmad @ Jouny S/o Md. Shami R/o -Dadarmandi, Gulzarbagh, P.S - Alamganj, District - Patna 2.
Santosh Kumar S/o Late Raju Choudhary R/o -Dadarmandi, Gulzarbagh, P.S - Alamganj, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners seek regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 100 litres country made liquor from sacks and petitioners were apprehended on the spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to ulterior motive. Petitioners were standing and taking tea at the place of occurrence but the police arrested them on the disclosure made by local people. Nothing has been recovered from conscious possession of the petitioners. Petitioners have no
Patna High Court CR. MISC. No.60404 of 2025(2) dt.17-09-2025 2/3 concern with the seized liquor. There is no independent witness of the seizure. Charge sheet has already been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioners. Petitioners have one criminal antecedent of similar nature in which they are on bail. Petitioners are in jail since 04.07.2025 and they undertake to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Patna City in connection with Alamganj P.S. Case No.708 of 2025 subject to the condition(s) that:
(i) Petitioners shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the learned Trial Court itself; (ii) Petitioners shall in no way try to induce or
Patna High Court CR. MISC. No.60404 of 2025(2) dt.17-09-2025 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of their bail bond;
(iii) Petitioners shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Sunil Dutta Mishra, J) Harish/- U T