Allowed¶24

Ajbuddin @ Bahadur Mistree v. The State of Bihar

Patna HC17 Jul 2026CR. MISC./48349/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.48349 of 2026, decided 17-07-2026 by Justice Rudra Prakash Mishra. Bail allowed to two accused in Marhowrah P.S. Case No.516 of 2026 (Saran) under Sections 30(a), 41(i), 33 and 34, Bihar Prohibition and Excise Act; prosecution case of recovery of 140 litres spirit, 80 litres from a motorcycle, arrest on spot; custody since 18.06.2026; petitioner No.1 with two antecedents, petitioner No.2 clean; Section 103 B.N.S.S. 2023 compliance raised by defence; bail bonds Rs.15,000 each with two like sureties.

What did the court decide?

Both petitioners ordered to be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Marhowrah P.S. Case No. 516 of 2026. ¶24

Ajbuddin @ Bahadur Mistree Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48349 of 2026

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Arising Out of PS. Case No.-516 Year-2026 Thana- MADHAURAH District- Saran

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======================================================

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Ajbuddin @ Bahadur Mistree Son of Md. Naushad @ Naushad Ali @ Nausad Alee Resident of Village- Dehudi Teen Konwa Gachchi, P.S.Taraiya, District- Saran at Chapra.

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Jeet Kumar @ Mistree Son of Prabhu Thakur Resident of Village- Dhenuki, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 17-07-2026

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Heard learned counsel for the petitioners and Mr.

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Choubey Jawahar, learned APP for the State.

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The petitioners seek bail in Marhowrah P.S. Case No. 516 of 2026 instituted for the offences under Sections 30(a), 41(i), 33 and 34 of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 140 liters spirit was recovered out of which 80 liters spirit recovered from motorcycle and the petitioners were arrested on spot.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners

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Patna High Court CR. MISC. No.48349 of 2026(2) dt.17-07-2026 2/2

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have got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the said motorcycle and had got no knowledge of the alleged recovery. The petitioners are in custody since 18.06.2026. The petitioner No.1 has two criminal antecedents while petitioner No.2 has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

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Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Marhowrah P.S. Case No. 516 of 2026.

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(Rudra Prakash Mishra, J)

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sukriti/-

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U T

Ajbuddin @ Bahadur Mistree v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajbuddin @ Bahadur Mistree v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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