Md. Jamal Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67644 of 2025 Arising Out of PS. Case No.-340 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Md. Jamal Miyan son of Abdul Kaim @ Abdul Kayum Miyan Resident of Village- Bhatauliya ,PS- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Patahi P.S. Case No. 340 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., recovery of total 97.5 litres of nepali country made liquor has been made from a Glamour motorcycle which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. Nothing incriminating has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.67644 of 2025(2) dt.24-09-2025 2/2 petitioner and he has no concern with the alleged recovery or with the vehicle which has been seized by the police. During the course of investigation, police does not find any cogent material against the petitioner. He is in custody since 13.07.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, 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 Exclusive Special Excise Court No. 3, East Champaran at Motihari in connection with Patahi P.S. Case No. 340 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T