Patna High Court
Israil Miyan @ Israyal MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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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