Rashid Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69011 of 2025 Arising Out of PS. Case No.-410 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Rashid Miya S/o Masyad Miya R/o Village- Bania Tola, Kilpur, PS- Nautan, District- Siwan.

2.

Imran Hussain S/o Firoj Alam R/o Village - Gudha, P.S - Shriramar, District - Deoria (U.P).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Sections 30(a) & 32 of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 293.760 litre illicit foreign liquor from the Brezza Car bearing Registration No. BR-01EX-5164 and petitioners were arrested on the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion. He further submits that both the petitioners are not the owner of the seized car as petitioner no.1 is driver and petitioner no.2 is simply visitor of the seized

Patna High Court CR. MISC. No.69011 of 2025(2) dt.24-09-2025 2/2 car and they have no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the petitioners. He further submits that petitioners are young boys aged about 19 and 21 years respectively, who are in custody since 19.07.2025 and they have clean antecedent. Learned counsel submits that there is no likelihood of absconding the petitioners or tampering with the evidence and they undertake to cooperate in the investigation and trial.

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, submissions of learned counsel for the parties and the period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of sRs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Excise P.S. Case No.410 of 2025.

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