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Patna High CourtCR. MISC./9900/2025bail granted

Md. Ahsaan @ Md. Ehsan @ Md. Ehshaan v. The State Of Bihar

2025-02-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9900 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Md. Ahsaan @ Md. Ehsan @ Md. Ehshaan Son of Md. Jamal Resident of Village - Ratua, Ward No.7, Police Station - Parkatta in the District of Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Araria Excise Circle PS Case No. 345 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 369 litres of foreign liquor was recovered from Pick-up vehicle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.9900 of 2025(2) dt.24-02-2025 2/2 of liquor. It is submitted that petitioner is the driver of the seized vehicle and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 30.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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 Araria Excise Circle PS Case No. 345 of 2024.

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