IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1011 of 2025 Arising Out of PS. Case No.-172 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Muktadir @ Muktadur Rahman @ Moktadir Rahman Son Of Ajail Haque @ Ajial Haque Resident Of Village - Borokalia Pokarganj, P.O. - Fakirganj, P.S. - Pokarganj, District - Salmar Dhubri (Dhopri), State - Assam ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Mumtaz Uddin, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody in connection with Mehaskhut P.S Case No. 172 of 2022 registered for the offences punishable under Sections 30(a), 32(i)(ii), 41 Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per prosecution case, total 2500.26 litre of illicit liquor has been recovered from the truck. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not arrested on the spot. It is further submitted that nothing has been recovered from Patna High Court CR. MISC. No.1011 of 2025(2) dt.14-02-2025 2/3 the conscious possession of the petitioner. He further submits that except confessional statement of the co- accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. It is further submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 01.12.2023 passed in Cr. Misc. No. 76599 of 2023. It is also submitted that petitioner is in judicial custody since 06.12.2024. 5. However, learned APP for the State oppose the prayer for regular bail of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, co-accused persons have already granted bail, materials on record and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- II, Khagaria in connection with Mehaskhut P.S Case No. 172 of 2022, subject to following conditions: (i) One of the bailors shall be either father or Patna High Court CR. MISC. No.1011 of 2025(2) dt.14-02-2025 3/3 mother or sister or brother or wife of the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dated without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) 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. Mayank/- (Ramesh Chand Malviya, J) U T