Saud Alam @ Sawood Alam @ Md Saud AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17638 of 2026
                          Arising Out of PS. Case No.-175 Year-2022 Thana- SIKTI District- Araria
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                 Saud Alam @ Sawood Alam @ Md Saud Alam Son of Ali Mohammad
                 Resident of village- Shyampur Pachaili, Ward no. 10, Balua, Ps- Palasi, Dist-
                 Araria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr.Md. Ziaul Quamar
                 For the Opposite Party/s :         Mr.Shyam Kumar Singh
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Sikti P.S. Case No.175 of 2022, F.I.R dated

                   07.07.2022 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Amendment Act,

                   2018.

                                3. As per the prosecution case, on 06.07.2022, while

                   the informant was deputed at Dimhiya Check Post for vehicle

                   checking along with police personnel and home guards, a

                   motorcycle rider carrying a sack stopped about 20 meters west

                   of the check post at around 08:30 PM. On noticing the police

                   party, he allegedly attempted to flee and, during the chase,
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          abandoned the motorcycle and the sack before escaping under

          cover of darkness. Thereafter, in presence of two independent

          witnesses, namely Jai Narayan Sah and Anil Sah, the sack was

          searched and two cartons containing 60 bottles of Resham

          Litchi (Nepali liquor) of 300 ml each, totaling 18 litres, were

          allegedly recovered. The motorcycle bearing Registration No.

          BR38B-3858, with erased chassis number and engine No.

          07M22E34125, along with the recovered liquor, was seized and

          a seizure list was prepared accordingly.

                       4. 4. Learned counsel for the petitioner by referring to

          Annexure-P/2 at page 18, submits that the motorcycle bearing

          Registration No. BR38B-3858, with erased chassis number and

          engine No. 07M22E34125, was already sold to one Amir Uddin

          in the year 2022 itself through an agreement on stamp paper

          bearing No.3147 dated 15.03.2022 and the petitioner is in no

          way connected with the motorcycle, after the sale was effected

          in favour of Amir Uddin. It has next been submitted that the

          petitioner has 1 criminal antecedent, in which he is on bail and

          the petitioner further undertakes to co-operate with the

          investigation and abide by the terms and conditions in case the

          privilege of anticipatory bail is extended in their favour.

                       5. Learned APP for the State opposes the prayer for
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                     anticipatory bail application.

                                  6. Regard being had to the submission made by the

                     parties, taking into consideration the fact that illicit liquor has

                     not been recovered from the constructive possession and / or

                     premises belonging to the petitioner and the ownership of the

                     motorcycle has already been transferred to one Amir Uddin in

                     the year 2022, accordingly, this Court is inclined to grant

                     anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned District and Additional Session Judge cum Exclusive

                     Special Excise Judge-II, Araria, in connection with Sikti P.S.

                     Case No.175 of 2022 subject to the condition as laid down

                     under Section 482(2) of the B.N.S.S., 2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T