Patna High Court
Md. Irshad @ Md. Irshad SheikhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application and ordered the petitioner’s release on bail.
Summary
Md. Irshad Sheikh was arrested in connection with a case alleging recovery of 120 litres of illicit liquor from an e‑rickshaw, charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that he was innocent, that the liquor was recovered from the vehicle and that he was falsely implicated by other passengers, and he highlighted his clean antecedent. The State opposed the bail application. The High Court, after considering the facts, allowed the regular bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC. The court clarified that its observations were prima facie and not determinative of the merits of the trial.
Issues considered
- Whether regular bail can be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- e‑rickshaw
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41438 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- Mehsoul District- Sitamarhi
======================================================
Md. Irshad @ Md. Irshad Sheikh Son of Late Harun @ Md. Harun Sheikh
Resident of Mohalla- Mehsaul, Ward No.27, P.S.- Mehsaul, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Adv.
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Mehsaul P.S. Case No. 145 of 2026, registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. As per the prosecution case, there is recovery of
120 litres of illicit liquor from an e-rickshaw.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. He
further submits that the alleged recovery was made from an e-
rickshaw and that the petitioner was falsely implicated by the
other passengers. The petitioner is in custody since 19.05.2026
and claims clean antecedent.
Patna High Court CR. MISC. No.41438 of 2026(2) dt.25-06-2026
2/2
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Mehsaul P.S. Case
No. 145 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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