Md Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61600 of 2025 Arising Out of PS. Case No.-127 Year-2025 Thana- JALALGARH District- Purnia ====================================================== 1.

Md Rashid S/O Jahir Hasan R/O Hapur, P.S.- Dehat, District- Hapur, StateU.P. 2.

Danish S/O Taslim R/O Hapur, P.S.- Dehat, District- Hapur, State- U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Jalalgarh P.S. Case No. 127 of 2025 registered for the offence under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 7392 liters of illicit liquor have been recovered.

4. Learned counsel for the petitioners submits that the petitioners are the driver and co-driver of the truck and they are in custody since 01.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.61600 of 2025(3) dt.24-09-2025 2/3

6. Paragraph No. 2 and 3 of the supplementary affidavit filed on behalf of the petitioners reads thus:

2. That, the owner of alleged truck bearing No. CG04PL-8660 namely Pawan Patidar, aged about 25 years S/o Santi Lal Ji Patidar, Resident of village 418 Kod Tahsil, Badnawar, Distt-Dhar, M.P.

3. That, it is humbly submitted that the actual owner Pawan Patidar has sold his truck on 22.4.2025 to Kamal Rawat, age - 45 yrs S/o-Badri Lal Ji Rawat, R/o vill-Khudel Bujurg, Indore, M.P. and the truck was seized on 30.6.2025 which is clear from the registration form of the alleged sale and purchased of the truck.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned concerned Court below, Purnia in connection with Jalalgarh P.S. Case No. 127 of 2025 subject to condition that:- (I). The petitioners shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Math, Bhatta Bazar, Purnea, Bihar and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted only after verifying the genuineness of the receipt produced by the petitioners.

Patna High Court CR. MISC. No.61600 of 2025(3) dt.24-09-2025 3/3

9. The I.O. of the case is directed to investigate as to who is the owner of the truck whether it is Pawan Patidar or Kamal Rawat and whoever is found to be the owner of the truck in question if he is found involved in the crime can be made accused in the case.

(Sandeep Kumar, J) Shishir/- U T