Masum @ Masum RazaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43058 of 2026
                      Arising Out of PS. Case No.-357 Year-2025 Thana- PARIHAR District- Sitamarhi
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                 Masum @ Masum Raza Son of Mohabub Alam, Resident of Village-
                 Mahajan, P.S.- Bajpatti, District- Sitamarhi.
                                                                      ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Pushpendra Kumar Singh, Advocate
                 For the State             :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Parihar P.S. Case No. 357 of 2025 dated

                   09.12.2025, registered for the offence punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act 2022.

                                      3. As per the prosecution case, during the course of

                   patrolling duty, a number of motorcycle riders were found

                   carrying jute bags on their motorcycles and when they saw the

                   Police, they tried to run away from the place, however chase

                   was given and one person, namely Somji along with his

                   motorcycle was apprehended. The other co-accused persons fled

                   away leaving behind their motorcycles and from the four

                   motorcycles left behind by the miscreants, recovery of 1341

                   litres of country made Nepali liquor was made. Petitioner is
Patna High Court CR. MISC. No.43058 of 2026(2) dt.01-07-2026
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          stated to be the miscreant who fled away from the spot.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. Nothing incriminating has

          been recovered from his person or possession. The petitioner

          was not apprehended from the spot as is clear from the FIR.

          Petitioner has no concern with the motorcycle seized for the

          contraband recovered from the said motorcycles. Learned

          counsel next submits that petitioner is having clean antecedent

          and chargesheet has been submitted. Learned counsel lastly

          submits that petitioner is in custody since 12.05.2026.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that petitioner was not apprehended from the spot and no

          recovery has been shown from the petitioner and also

          considering his clean antecedent and his period of custody, the

          petitioner, above-named, 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 learned Special Judge, Exclusive Excise Court-
          Patna High Court CR. MISC. No.43058 of 2026(2) dt.01-07-2026
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                    01, Sitamarhi / concerned Court, in connection with Parihar

                    P.S. Case No. 357 of 2025, subject to the condition laid down

                    under Section 480(3) of the B.N.S.S. and other following

                    conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T