Ahmad Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6618 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- CHAKAI District- Jamui ====================================================== Ahmad Raza Son Of Tasalim Miyan Resident Of Village - Baramsoli, P.S. - Palojori, District - Deoghar, State - Jharkhand ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Niranjan Parihar, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chakai P.S. Case No. 336 of 2023 instituted for the offence under Sections 272/273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3.

As per prosecution case, there is recovery of total 775.800 liters of illicit foreign liquor from one Pick-up Van. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.6618 of 2024(2) dt.16-02-2024 2/2 case. Petitioner has no concern with the alleged recovered liquor. Petitioner is not the owner of the vehicle in question rather he is khalasi. In fact, seizure list is not prepared in accordance with law. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Chakai P.S. Case No. 336 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T