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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30204 of 2026 Arising Out of PS. Case No.-507 Year-2025 Thana- PALASI District- Araria ====================================================== Sadre Alam @ Sarwar Alam S/O Mojib Alam R/O Village- Dumariya Tola, Palasi, P.S-Palasi, District- Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhav Jha, Advocate For the Opposite Party/s : Mr.Manoj Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Special Case No. 975 of 2026, arising out of Palasi P.S. Case No. 507 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act and Sections 303(2), 317(2) of B.N.S.
03. As per prosecution case, police received information about petitioner and co-accused Md. Salman transporting illicit liquor on two motorcycles. A trap was laid and when the identified motorcycles were signaled to stop, both the riders tried to flee away taking U-turn. Co-accused Md.
Patna High Court CR. MISC. No.30204 of 2026(2) dt.11-05-2026 2/4 Salman, who was driving first motorcycle, was apprehended and two persons on the second motorcycle fled away leaving behind two sacks which they had been carrying. The apprehended co- accused disclosed the name of the petitioner, who fled away leaving behind two sacks and on search of the sacks of both the motorcycles, recovery of total 363.300 litres of country made Nepali liquor was made.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner was not apprehended from the spot and the motorcycle from which recovery has been made does not belong to the petitioner. The name of the petitioner has been dragged in this case on the basis of confessional statement of co-accused Md. Salman and there is no material to show the involvement of the petitioner in the alleged offence. The petitioner is having antecedent of six cases and he is on bail in all such cases. The petitioner is in custody since 22.01.2026 and charge sheet has been submitted.
05. Learned APP opposes the submission made on behalf of the petitioner.
Patna High Court CR. MISC. No.30204 of 2026(2) dt.11-05-2026 3/4
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is
directed to 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 District & Additional Sessions Judge -cum- Exclusive Special Judge, Excise-II, Araria/concerned Court in connection with Special Case No. 975 of 2026, arising out of Palasi P.S. Case No. 507 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the 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. (iii) In case of absence on three consecutive dates or in violation of the
Patna High Court CR. MISC. No.30204 of 2026(2) dt.11-05-2026 4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
DKS/- (Arun Kumar Jha, J) U T