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2025 DAILYLAW 96748 (PAT)

Chnidul Islam @ Chani Dul Islam v. The State of Bihar

CR. MISC./88986/2025 · 2025-12-24

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88986 of 2025 Arising Out of PS. Case No.-269 Year-2025 Thana- UJIYARPUR District- Samastipur ====================================================== 1. Chnidul Islam @ Chani Dul Islam Son of Rahman Ali Resident of Village- Mohanpur Ward No. 2, P.S.- Jogighopa, District- Bogai at Aasam 2. Jawed Ali @ Jabedali Son of Eunas Ali Resident of Village- Mohanpur Ward No. 2, P.S.- Jogighopa, District- Bogai at Aasam ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 24-12-2025 Heard learned counsel for the parties. 2. The petitioners are seeking bail in connection with Ujiyarpur P.S. Case No.269 of 2025, dated 23.10.2025 registered for the offences under Sections 30(a), 41(I) and 41(II) of Bihar Prohibition and Excise Amendment Act. 3. As per the FIR, 1405.8 liters of foreign liquor is said to have been recovered from a truck and the petitioners were apprehended on the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case solely on the basis that the petitioners are the driver and khalasi of the seized truck. There has been no recovery from the petitioners or from their constructive possession, and the Patna High Court CR. MISC. No.88986 of 2025(2) dt.24-12-2025 2/2 petitioners have no connection with the alleged recovered liquor or the vehicle. It is further submitted that the petitioners had no knowledge about the consignment, which was kept in the vehicle. The vehicle and its operation were entirely under the control and supervision of the owner namely, Razaj Ali. The petitioners have been in judicial custody since 23.10.2025. Lastly, it is submitted that the petitioners have no criminal antecedent. 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 custody of the petitioners, this Court is inclined to grant regular bail to the petitioners. 7. Let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, Samastipur/ Successor Court, in connection with Ujiyarpur P.S. Case No.269 of 2025. shikha/- (Ajit Kumar, J) U T