Patna High CourtCR. MISC./3639/2025bail granted

Md. Samir v. The State Of Bihar

2025-02-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3639 of 2025 Arising Out of PS. Case No.-888 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Md. Samir Son of Md. Mosab Vafo @ Mosab Resident of village - Makhdumpur, P.S.- Akbarpur, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nawada Excise P.S. Case No. 888 of 2024 dated 17.12.2024 registered for the offences punishable u/ss 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 130 litres of illicit country-made liquor was recovered from the motorcycle of the petitioner which fell in the field.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver

Patna High Court CR. MISC. No.3639 of 2025(2) dt.25-02-2025 2/2 of the said motorcycle. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada Excise P.S. Case No. 888 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T