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Patna High CourtCR. MISC./61232/2025allowed

Yash @ Riyasat Mohammad v. The State Of Bihar

2025-10-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61232 of 2025 Arising Out of PS. Case No.-235 Year-2025 Thana- GUTHANI District- Siwan ====================================================== Yash @ Riyasat Mohammad, S/O Wazir Mohammad, Resident of VillageBakhri, P.S- Khampar, Distt.- Deoria (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Majid Mahboob Khan, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Guthani (Siwan) P.S. Case No. 235 of 2025 for the offence registered under Section 30 (a) and 41(1) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 587.520 litres of foreign liquor recovered from the Maruti Eco (Ambulance) bearing Registration No. BR-29BZ-6208. It is alleged that the petitioner is the driver of the seized vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on suspicion only. He has no concern with the seized liquor or vehicle. Petitioner is a passerby, not the owner or driver of

Patna High Court CR. MISC. No.61232 of 2025(3) dt.09-10-2025 2/2 the vehicle in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that charge-sheet has already been submitted after completion of investigation and there is no chance of tampering with the evidence or absconding of the petitioner. Petitioner is in jail custody since 03.07.2025, having no criminal antecedent. Petitioner undertakes to cooperate in the investigation and trial of the case.

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, nature of allegation and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Siwan, in connection with Guthani (Siwan) P.S. Case No. 235 of 2025.

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