Md. AshikversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 35344 of 2026
                   Arising Out of PS. Case No.-72 Year-2024 Thana- MAHESHKHUNT District- Khagaria
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                 Md. Ashik S/o Md. Sahabaj Resident of Village - Khiribandh, P.S.-
                 Jagdishpur, District - Bhagalpur

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Indeshwari Prasad Mandal, Adv.
                 For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard Mr. Indeshwari Prasad Mandal, learned

                   Advocate for the petitioner and Mr. Ramesh Chandra, learned

                   Additional Public Prosecution for the State through virtual

                   mode.

                                2. The petitioner apprehends his arrest in connection

                   with Maheshkhunt P.S. Case No. 72 of 2024, registered for the

                   offences punishable under Sections 30(a), 32(1), 32(2), 41 of the

                   Bihar Prohibition & Excise Act read with Section 7 of the

                   Essential Commodities Act.

                                3. Acting on a tip of trafficking of illicit wine, the

                   police conducted raid and intercepted a truck bearing

                   registration no. BR-10G-5831 as well as other vehicles as has

                   been disclosed in the F.I.R. In course of search, total 684 litres

                   Indian made foreign liquor was recovered from the afore-noted

                   truck besides a huge consignment of liquor from different

                   vehicles.
Patna High Court CR. MISC. No. 35344 of 2026(2) dt.01-06-2026
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                       4. Learned Advocate for the petitioner submitted that

          the name of the petitioner has been implicated in this case only

          on account of he being owner of the truck in question which

          vehicle has already been sold to one Dhiraj Kumar Singh, son of

          Ram Padarath Singh on 28.10.2023. Despite the vehicle having

          been sold, since the ownership of the vehicle has not been

          transferred in the DTO Office, the name of the petitioner has

          sprung up. Neither the petitioner has any connection with the

          present crime, nor during the course of investigation, any

          material has come suggesting the complicity of the petitioner. It

          is further contended that there is complete defiance of Sections

          103 and 105 of the B.N.S.S. Moreover, the petitioner bears fair

          antecedent and he undertakes that he will fully cooperate in the

          proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that a huge

          consignment of illicit liquor was recovered from the truck in

          question which is owned by the petitioner. Moreover, there is a

          clear bar under Section 76(2) of the Bihar Prohibition & Excise

          Act to maintain anticipatory bail.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that the name of the petitioner has been implicated in

          this case only on account of he being alleged owner of the
            Patna High Court CR. MISC. No. 35344 of 2026(2) dt.01-06-2026
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                      vehicle in question which is said to have been transferred in the

                      name of one Dhiraj Kumar Singh on 28.10.2023 and to support

                      the aforesaid contention, a copy of the sell letter dated

                      28.10.2023 has been placed on record as Annexure-P/2; besides,

                      this Court also find that there is neither any compliance of

                      Sections 103 and 105 of the B.N.S.S., nor there is any other

                      material which attracts the rigors provided under Section 76(2)

                      of the Bihar Prohibition & Excise Act and the petitioner bears

                      fair antecedent, let the petitioner above named be released on

                      bail, in the event of his arrest or surrender before the court

                      below within a period of four weeks from the date of

                      receipt/production of a copy of this order, upon furnishing bail

                      bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Special     Judge      Excise-II,       Khagaria      in   connection   with

                      Maheshkhunt P.S. Case No. 72 of 2024, subject to the

                      conditions laid down in Section 482(2) of the Bharatiya Nagrik

                      Suraksha Sanhita, 2023, with the further condition that one of

                      the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
sadique/-

U      T