Mobarak Miyan @ Mubarak Miyan @ Mobarak Miya v. The State of Bihar
CR. MISC./88253/2025 · 2025-12-23
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106922 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106922 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88253 of 2025 Arising Out of PS. Case No.-498 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Mobarak Miyan @ Mubarak Miyan @ Mobarak Miya Son of Late Shahid Miyan Resident of Village- Baikunthwa, P.S.- Nautan, District- West Cham- paran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar For the Opposite Party/s: Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is seeking bail in connection with Nautan P.S. Case No.498 of 2025, dated 10.10.2025 registered for the offences under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.
3. As per the FIR, on the basis of secret information, the police apprehended the petitioner and recovered 33.480 liters of foreign liquor from one motorcycle and 40.320 liters of foreign liquor from another motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case solely on the basis of secret information. No recovery has been made from the petitioner or from his
Patna High Court CR. MISC. No.88253 of 2025(2) dt.23-12-2025 2/2 constructive possession, and the petitioner has no connection with the alleged recovered liquor. It is further submitted that the petitioner is neither the owner nor the rider of the seized motorcycles. The petitioner has been in judicial custody since
11.10.2025. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP for the State vehemently opposed the prayer for bail.
6. Regard being had to the submission made by the parties, and taking into consideration the period of judicial custody, this Court is inclined to grant regular bail to the petitioner.
7. Let the petitioner, above named, be enlarged 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 the learned Special Judge (Excise), 1st, Bettiah, West Champaran/ Successor Court, in connection with Nautan P.S. Case No.498 of 2025.
shikha/- (Ajit Kumar, J) U T