Patna High CourtCR. MISC./76233/2025bail granted

Tipu Sultan v. The State Of Bihar

2025-11-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76233 of 2025 Arising Out of PS. Case No.-402 Year-2025 Thana- EXCISE MASAUDHI District- Patna ====================================================== Tipu Sultan S/o Liyasat Hussain @ Riyasat Hussain R/o Panchmahala Jehanabad, ward no. 14, P.S.- Town, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Adv For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 402/2025, instituted for the offences punishable under Sections 30(a) & 32 (3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 100 liters country made liquor was recovered from the motorcycle and petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.76233 of 2025(2) dt.10-11-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. The petitioner is in custody since 30.08.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Masaurhi P.S. Case No. 402/2025.

(Rudra Prakash Mishra, J) krishnakant/- U T