Sami Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79383 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- UCHKAGAON District- Gopalganj ====================================================== Sami Ahmad S/o- Md. Samiullah @ Mister Miya Resident of Village- Line Bazar Near Masjid PS- Mirganj Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Roy, Adv For the Opposite Party/s :

Mr. Tapeshwar Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Uchkagaon P.S. Case No. 241 of 2025 corresponding to PTN 2676 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 216 liters of country made liquor was recovered from Bush.

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 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery is made from an

Patna High Court CR. MISC. No.79383 of 2025(2) dt.24-11-2025 2/2 open place, which is accessible to one and all. It is also submitted that apprehended co-accused disclosed the name of the petitioner. The petitioner is in custody since 27.08.2025 and has got three criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 24.09.2025 passed in Cr. Misc. No. 68670 of 2025. 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 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 Uchkagaon P.S. Case No. 241 of 2025 corresponding to PTN 2676 of 2025. (Rudra Prakash Mishra, J) krishnakant/- U T