Md. Shakir Akhtar @ Md. Iftekhar @ Md. Iftikhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4545 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Md. Shakir Akhtar @ Md. Iftekhar @ Md. Iftikhar Son of Md. Jawed Akhtar Resident of Village- Jhitkiya, Ward No.-05 @ Near Jama Masjid, Jhitkiya, Ward No.-05, P.S.-Singheshwar, Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bambahadur Jha, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Madhepura Excise P.S. Case No. 200 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 106.80 litres of cough syrup has been recovered from bamboo orchard.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.4545 of 2025(5) dt.05-05-2025 2/2 petitioner has got no concern with the alleged recovery of cough syrup. The petitioner is in custody since 29.11.2024 and has four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Madhepura Excise P.S. Case No. 200 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T