Patna High CourtCR. MISC./73760/2025bail granted

Md. Naseem v. The State Of Bihar

2025-10-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73760 of 2025 Arising Out of PS. Case No.-253 Year-2025 Thana- SURSAND District- Sitamarhi ====================================================== Md. Naseem Son of Md. Murtuza Resident of Village- Bajpatti Aabidpur, PS.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sursand P.S Case No. 253 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, total 201 litre nepali liquor and 5.625 litre english wine were recovered from the Tempo.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.73760 of 2025(2) dt.16-10-2025 2/2 On perusal of seizure list there is no independent witness. Petitioner has got one criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 27.06.2025.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 Judge, Excise Court-2, Sitamarhi in connection with Sursand P.S Case No. 253 of 2025, subject to condition that petitioner shall remain physically present each and every date fixed by the trial court till conclusion of the trial.

(Ramesh Chand Malviya, J) Mayank/- U T