Md. Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9667 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Md. Akhtar Son of Late Md. Jubair @ Md.Jubair @ Jubair @ Jobair Resident of Village-Sakri Dafadar Tol, Police Station-Sakri, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Jha, Advocate For the State :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pandaul P.S. Case No. 200 of 2023 instituted for the offence under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

As per prosecution case, there is recovery of total 112.800 liters of illicit Nepali country made liquor from eRikshaw. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-09-2023. Petitioner bears one criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.9667 of 2024(2) dt.20-02-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered liquor. Petitioner is the owner of the vehicle in question. Petitioner was oblivious of the fact that illicit liquor was laden on the vehicle. 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 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 Pandaul P.S. Case No. 200 of 2023.

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