Patna High CourtCR. MISC./11182/2024bail granted

Zeeshan v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11182 of 2024 Arising Out of PS. Case No.-1279 Year-2023 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Zeeshan SON OF JAMALUYDDIN RESIDENT OF VILLAGEDARIYAPUR, PS- CHOLA, DIST- BULAND SHAHAR , UP 2.

RASHID SON OF BHURA KHAN RESIDENT OF VILLAGEMAKRANDPUR, PS- KAKODA, DISTT- BULAND SHAHAR, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1279 of 2023 dated 13.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3447.360 litres of illicit foreign liquor was recovered from the Tata container vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the co-driver and

Patna High Court CR. MISC. No.11182 of 2024(4) dt.30-04-2024 2/2 the petitioner no. 2 is the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.12.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Excise P.S. Case No. 1279 of 2023.

7. The application stands allowed.

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