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Patna High Court

Israil Miyan @ Israyal MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail on furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Israil Miyan, was arrested following a police raid that recovered 18 litres of country liquor, though no incriminating article was found in his possession. He filed an application for regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016, claiming false implication and citing his antecedents. The prosecution opposed the bail, but the court considered the allegations in the FIR and the fact that the petitioner had been in custody since 31 January 2026. Weighing these factors, the court ordered that bail be granted upon the petitioner furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The order directs compliance with the conditions set by the District & Additional Sessions Judge‑IV‑cum‑Exclusive Special Excise Court‑II, Gopalganj.

Issues considered

  • Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016?

Legislation cited

Subjects

  • regular bail
  • excise law
  • prohibition
  • section 30(a)
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23520 of 2026
                     Arising Out of PS. Case No.-34 Year-2026 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Israil Miyan @ Israyal Miya S/o Molazim Miyan @ Late Molazim Miyan R/o
                 -Ojha Chadi, P.S -Gopalpur, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08-04-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Gopalpur P.S. Case

                   no.34 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, the informant states

                   that on secret information having been received, a raid was

                   conducted. Seeing the police personnel, the accused made an

                   attempt to escape but was caught. 18 litres of country liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedents. No incriminating article has been recovered from

                   his possession. He is in custody since 31.1.2026 and undertakes
             Patna High Court CR. MISC. No.23520 of 2026(2) dt.08-04-2026
                                                         2/2




                       to cooperate in the investigation/trial.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the FIR and his having remained in custody since 31.1.2026, the

                       petitioner is directed to be enlarged on bail in connection with

                       Gopalpur P.S. Case no.34 of 2026 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned District &

                       Additional Sessions Judge-IV-cum-Exclusive Special Excise

                       Court-II, Gopalganj.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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