Patna High CourtCR. MISC./64036/2025bail granted

Md. Rijwan @ Rijwan v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64036 of 2025 Arising Out of PS. Case No.-1221 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Md. Rijwan @ Rijwan S/o Late Md. Ali R/o Village- Shivnagar, Punpun, P.S.- Parsa Bazar, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Excise Patna P.S. Case No. 1221 of 2025 registered for the alleged offences under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner was apprehended while concealing 162.365 liters of foreign liquor by canvas.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The recovery has been shown from an open place and petitioner was apprehended merely on suspicion. Nothing incriminating has been recovered from the person or possession

Patna High Court CR. MISC. No.64036 of 2025(2) dt.23-09-2025 2/3 of the petitioner. The petitioner is having clean antecedent and he is in custody since 02.08.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the recovery being made from an open place and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-III, Patna/concerned Court in connection with Excise Patna P.S. Case No. 1221 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the

Patna High Court CR. MISC. No.64036 of 2025(2) dt.23-09-2025 3/3 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T