Md. Ishlam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89707 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- KHIRHAR District- Madhubani ====================================================== Md. Ishlam S/O Md. Atavul Resident of Village- Kataiya, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Khirhar PS. Case No. 78 of 2024 dated 15-08-2024, instituted under Sections 274, 275 and 317(5) of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 20.250 liters of illicit Nepali liquor from a motorcycle bearing Registration No. BR-32AU-2142 and the driver of the said motorcycle, namely Md. Daud was apprehended at the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating article

Patna High Court CR. MISC. No.89707 of 2025(2) dt.23-12-2025 2/3 has been recovered from the conscious possession of the petitioner; rather, the alleged liquor was recovered from the motorcycle bearing Registration No. BR-32AU-2142. It is next submitted that the petitioner is the bona fide owner of the seized motorcycle. It is further submitted that the apprehended person, namely Md. Daud, is a friend of the petitioner, who had taken the petitioner's motorcycle on the pretext of urgent work. The said Md. Daud misused the motorcycle for the alleged illegal activity, without the petitioner's consent or knowledge. The petitioner had no knowledge of the alleged illegal act of the apprehended person and has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum- Special Judge Excise Act, Madhubani, in Khirhar PS. Case No. 78 of 2024, corresponding to GR No. 1145 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya

Patna High Court CR. MISC. No.89707 of 2025(2) dt.23-12-2025 3/3 Nagarik Suraksha Sanhita 2023.

(Khatim Reza, J) shyambihari/- U T