Md. AhadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39934 of 2026
                    Arising Out of PS. Case No.-395 Year-2026 Thana- EXCISE NAUGACHIA District-
                                                       Bhagalpur
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                 Md. Ahad Son of Md. Safik Resident of village - Saharsa Basti Ward No. 38,
                 Police Station - Saharsa, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :     Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                      Heard Mr. Baijnath Sah, learned counsel for the

                   petitioner and Mr. Pradeep Narain Kumar, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   11.04.2026, in connection with Saran Excise (Naugachia) P.S.

                   Case No. 395 of 2026, F.I.R. dated 10.04.2026 registered for

                   the offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Recovery is of 447.84 litres of Indian made foreign

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.             He further submits that it
Patna High Court CR. MISC. No.39934 of 2026(2) dt.29-06-2026
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          appears from the F.I.R. that altogether 447.84 litres of Indian

          made foreign liquor was recovered from the Pick-up van in

          question and petitioner is not the owner of the Pick-up van in

          question and petitioner has been made accused merely on the

          ground that the petitioner is the driver of the vehicle in question

          and petitioner has no knowledge about the illicit liquor and

          there is non-compliance of Sections 103 and 105 of BNSS, 2023

          and the petitioner is in custody since 11.04.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          recovery has been made from the vehicle in question and

          petitioner is not the owner of the vehicle in question and there is

          non-compliance of Sections 103 and 105 of the BNSS, 2023, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Excise Judge-1, Bhagalpur Camp at

          Naugachia in connection with Saran Excise (Naugachia) P.S.

          Case No. 395 of 2026, subject to the following conditions :-
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                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on her absence on two consecutive dates without sufficient

                         reason, her bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

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

                         for cancellation of bail.

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

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed her

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T