Hasmat Ali @ Md. Hasmat AliversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35565 of 2026
                     Arising Out of PS. Case No.-80 Year-2026 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Hasmat Ali @ Md. Hasmat Ali S/o- Badrul Haque Village- Fakram Tola PS-
                 Sakri Distt- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   21-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Khajauli P.S. Case No. 80 of 2026 registered for the

                   offences punishable under sections 274, 275 of the B.N.S. and

                   section 30 (a) of the Bihar Prohibition & Excise Act.

                                3. As per the prosecution story which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that on 23.03.2026, while the informant along with

                   police party was on patrolling duty, at about 14.30 P.M. when

                   the police team reached at Village-Sukki Syphen, the informant

                   got secret information that illegal wine is being concealed in a

                   bush at village-Kasma Barar near sought of Dhawri Pul and one

                   person is trying to dispose of the same. Upon such information,
Patna High Court CR. MISC. No.35565 of 2026(2) dt.21-05-2026
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          the informant informed the Senior officials and reached at the

          said place. On seeing the police party, one person tried to flee

          away be leaving his motorcycle and a bag. The police chased

          him, but he succeeded in fleeing away. Thereafter, search was

          made and total 225 litres of Nepali Desi wine was recovered and

          one motorcycle without number plate was also seized.

                       4. The learned counsel for the petitioner submits that

          petitioner is innocent and has not committed any offence. The

          petitioner was not apprehend at the spot and his name transpired

          during the course of investigation, as the motorcycle which was

          seized from the place of occurrence, belongs to the petitioner.

          He further submits that the petitioner had sold the motorcycle in

          question to one Rohit Kumar Paswan on 25.02.2022 and

          relevant document of transfer were also executed. However,

          Rohit Kumar Paswan did not get transferred the said motorcycle

          in his name. He further submits that petitioner has got a clean

          antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail of the petitioner.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that 225 litres of

          Nepali Desi liquor was recovered, however, the petitioner was
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                     not present at the place of occurrence and his name transpired

                     during course of investigation on the basis of said motorcycle,

                     which belongs to the petitioner. The petitioner has got a clean

                     antecedent. Considering the same, let the above named

                     petitioner, in the event of arrest/surrender within a period of six

                     weeks, be enlarged on bail on furnishing bail-bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Exclusive Special Judge

                     Excise, Madhubani in connection with Khajauli P.S. Case No.

                     80 of 2026, subject to conditions as laid down under Section

                     438(2) of the Code of Criminal Procedure/ 482(2) of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023 with further condition:

                                  (i) The trial court shall verify the criminal antecedent
                     of the petitioner and in case at any stage it is found that the
                     petitioner has concealed his criminal antecedents, the court
                     concerned shall take step for cancellation of bail bonds of the
                     petitioner. However, the acceptance of bail bonds in terms of the
                     above-mentioned order shall not be delayed for purpose of or in
                     the name of verification.


                                                 (Ritesh Kumar, J)


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