Safiq @ Safic @ SafiqueversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37314 of 2026
                    Arising Out of PS. Case No.-27 Year-2026 Thana- EXCISE SONPUR District- Saran
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           1.     Safiq @ Safic @ Safique Son of Allauddin Ansari Resident of Village-
                  Fatehpur Kala, P.S.- Chandauli, District- Chandauli (U.P.).
           2.    Gyasuddin Mumtaz Salmani @ Gyasuddin Mumtaz Son of Mumtaz Ali
                 Resident of Village- Baghi Naugarh, P.S.- Naugarh, District- Chandauli
                 (U.P.)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brajesh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                    Heard Mr. Brajesh Kumar Singh, learned counsel for

                   the petitioners and Mr. Anil Kumar, the learned A.P.P. for the

                   State.

                                2. The petitioners seek bail, who are in custody since

                   21.04.2026 in connection with Sonepur Excise P.S. Case No.27

                   of 2026, F.I.R. dated 20.04.2026 registered for the offence

                   punishable under Sections 30(a) and 32 of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Recovery of 172.800 liters of foreign liquor.

                                4. Learned counsel appearing for the petitioners

                   submits that the petitioners have clean antecedent. It appears

                   from the FIR as well as the seizure list that the recovery has
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          been made from the vehicles in question and petitioners are

          driver of the vehicles in question and they have no knowledge

          about the illicit liquor in question which were kept in the

          vehicles in question and altogether 172.800 litres of Indian

          made foreign liquor was recovered from the vehicles in

          question. Learned counsel for the petitioners submits that from a

          bare perusal of the FIR it appears that the seizure list witnesses

          are Bihar Homeguard personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023 and the petitioners are in

          custody since 21.04.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioners.

                       6. Considering the aforesaid fact and petitioners have

          clean antecedent, let the petitioners, above named, be released

          on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned 3rd Exclusive Special Excise Court, Saran at Chapra

          in connection with Sonepur Excise P.S.Case No.27 of 2026,

          with the following conditions:-

                       (I) One of the bailors should be the close relative

          (Father/Mother) of the Petitioners.

                       (II) Petitioners shall co-operate in the trial and shall
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                         be properly represented on each and every date fixed by the

                         Court and shall remain physically present as directed by the

                         Court and on their absence on two consecutive dates without

                         sufficient reason, their bail bond shall be cancelled by the Court

                         below.

                                      (III) If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (IV) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioners. 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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T