IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1504 of 2026 Arising Out of PS. Case No.-29 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Hasmuddin Kuraishi @ Janu @ Hasmudin Kuraishi @ Janu Kuraishi S/O Gufur Kuraishi Resident of Village - Islampur Ward No. 08, P.S. - Raxaul, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Raxaul P.S. Case No. 29 of 2025, instituted for the offences punishable under Sections 20(B)(ii)(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 1.4 liters of liquor, 1.7 Kg Charas, 10.86 mg smack, 1.9 liters codeine, 139 pieces of Nitrazepam tablets, 12 pieces of semplex tablets and 590 gm ganja have been recovered from the house of co- accused person. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.1504 of 2026(2) dt.19-01-2026 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of contraband. Learned counsel for the petitioner also submits that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused person and the same has got no evidentiary value. It is next submitted that the alleged recovery has been made from the house of co-accused, namely, Abullaish Miyan as stated in paragraph no. 8 of the bail application. The petitioner is in custody since 15.04.2025 and has got four criminal antecedents. Learned counsel for the petitioner further submits that other co- accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 31.07.2025 passed in Cr. Misc. No. 53114 of 2025. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. Patna High Court CR. MISC. No.1504 of 2026(2) dt.19-01-2026 3/3 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raxaul P.S. Case No. 29 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T