Md Murtaja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61502 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- SUKHANI District- Kishanganj ====================================================== 1.

Md Murtaja Md. Mushtaque Resident of Vill- Bhodii, Ward no 9, P.S.- Kamtoil, District- Darbhanga 2.

Sanjeet Kumar Sah S/o Sri Satyanarayan Sah R/o Vill- Bhaudhi, Ward No. 06, P.S.- Arror, Distt- Darbhanga (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-09-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Sukhani P.S. Case No. 48 of 2025 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. There is recovery of 107.64 litres of illicit liquor. The petitioners are in jail since 14.07.2025.

4. Learned counsel for the petitioners submits that the petitioners are ready to donate Rs. 20,000/- each (Rupees Twenty Thousand Only) in some charitable organization without accepting their guilt. He further submits that nothing

Patna High Court CR. MISC. No.61502 of 2025(2) dt.22-09-2025 2/3 incriminating has been recovered from the possession of the petitioners.

5. Learned APP for the State has vehemently opposed the prayer of the petitioners.

6. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioners, this application for regular bail stands allowed.

7. Accordingly, let the petitioners above named 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 learned Exclusive Special Judge (Excise)-I, Kishanganj/concerned Court below in connection with Sukhani P.S. Case No. 48 of 2025 subject to the condition that:- (i). The petitioners shall deposit an amount of Rs. 20,000/- each (Rupees Twenty Thousand Only) in Ramakrishna Mission Ashrama, Purnea and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted only after verifying the genuineness of the receipt produced by the petitioner. (ii). Before accepting the bail-bond of the petitioners, the court below will verify the antecedent of the petitioners. If the petitioners are found having clean antecedent, the bail-bonds

Patna High Court CR. MISC. No.61502 of 2025(2) dt.22-09-2025 3/3 of the petitioners shall be accepted. If the petitioners are found having criminal antecedent(s), their bail-bonds shall not be accepted by the court below.

(Sandeep Kumar, J) Neha/- U T