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2026 DAILYLAW 23359 (PAT)

Abutalha v. The State of Bihar

CR. MISC./44526/2026 · 2026-07-08

Ramesh Chand Malviya

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44526 of 2026 Arising Out of PS. Case No.-239 Year-2026 Thana- PURNEA SADAR District- Purnia ====================================================== 1. Abutalha (Male), aged about 21 years, S/o Md. Khalil, Resident of Village - Hariyabara, Ward No. 09, P.S - Araria, District - Araria 2. Md. Sadik (Male), aged about 20 years, S/o Md. Azad, Resident of Village - Jigindar, Ward No. 11, P.S - Mahalgaow, District - Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, APP For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 08-07-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are in custody in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. 3. As per allegation in the FIR, total 217.500 illicit foreign made liquor has been recovered from a black Hundai car bearing registration no.WB-74BP-4668. 4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioners nor the petitioners are the owner of Patna High Court CR. MISC. No.44526 of 2026(2) dt.08-07-2026 2/2 the said vehicle and they have no concern about the recovery of the seized liquor, petitioners have got clean antecedent as stated in para-3 of the petition and they are in custody since 12.05.2026. 5. Learned APP for the State opposes the prayer for bail of the petitioners. 6. In view of the aforesaid submissions as made by learned counsel for the petitioners, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise-01), Purnea in connection with Sadar P.S. Case No. 239 of 2026. Brajesh Kumar/- (Ramesh Chand Malviya, J) U T