Md. RahmatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44572 of 2026
                  Arising Out of PS. Case No.-33 Year-2026 Thana- KATIHAR GRP CASE District- Katihar
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                 Md. Rahmat S/o Md. Yasim R/o Bhagwan Chauk, Sitanagar, P.S. - Nagar,
                 Distt. - Katihar.

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



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

2   03-07-2026                    Heard Mr. Sanjeev Kumar Singh, learned counsel

                   for the petitioner and Mr. Nitya Nand Tiwary, learned APP for

                   the State.

                                2. Petitioner seeks bail, who is in custody since

                   17.02.2026, in connection with Katihar G.R.P. P.S. Case No. 33

                   of 2026, F.I.R. dated 17.02.2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Recovery is of 190.355 litres of 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

                   appears from the F.I.R. as well as seizure list that recovery has
Patna High Court CR. MISC. No.44572 of 2026(2) dt.03-07-2026
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          been made from the bag in question and altogether 190.355

          litres of foreign liquor was recovered from the bag in question

          and petitioner has been made accused on the basis of suspicion

          and he has no role at all with the alleged recovery of illicit

          liquor.    It appears from the seizure list that the seizure list

          witnesses are police personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023. He further submits that

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 17.02.2026.

                        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

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

          2023 as well as he has been made accused on the basis of

          suspicion, 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 Court No.-II, Katihar in

          connection with Katihar G.R.P. P.S. Case No. 33 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//-

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