Afroz AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15790 of 2026
                      Arising Out of PS. Case No.-93 Year-2024 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Afroz Alam S/o Mazebul Alam R/o Village - Motihara, Belwa ward No. 11,
                 P.S - Kishanganj, District - Kishanganj
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Radha Mohan Singh, Advocate
                 For the Opposite Party/s :         Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Special Case No. 96 of 2024, arising out of Madya Nisedh

                   P.S. Case No. 93 of 2024, dated 24.01.2024, lodged under

                   Sections 30(a) & 32(3) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 1.25 litres

                   of illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. He further submits that the petitioner is not

                   named in the FIR. Furthermore, he submits that the criminal

                   antecedent of the petitioner is clean.
         Patna High Court CR. MISC. No.15790 of 2026(2) dt.25-03-2026
                                                     2/2




                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. As such, in the present facts and circumstances of

                   this case, let the above named petitioner be released on

                   anticipatory bail, in the event of arrest or surrender before the

                   Trial Court within a period of 4 weeks from today, on furnishing

                   bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                   mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                   satisfaction of Exclusive Special Excise Judge, II, Kishanganj,

                   in connection with Special Case No. 96 of 2024, arising out of

                   Madya Nisedh P.S. Case No. 93 of 2024, subject to the

                   conditions as laid down U/s 482(2) of the BNSS, 2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedent of the petitioner, and in case it is found

                   at any stage that the petitioner has concealed his criminal

                   antecedent, the Trial Court shall take steps for cancellation of

                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T