Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9580 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

MD. SABIR SON OF MD. RIJWAN RESIDENT OF VILLAGE- LAITHA, P.S.- BASANT RAI, DISTRICT- GODDA (JHARKHAND) 2.

MD. JAINUL SON OF MD. KARAMAT RESIDENT OF VILLAGEBADE, P.S.- BASANT RAI, DISTRICT- GODDA (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 44.4 litres of liquor was recovered from the motorcycle of the petitioners and the petitioners were taken into custody.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession or from the motorcycle. The petitioners have been falsely implicated in the case. They are in custody since 18.6.2021 and have no criminal antecedent.

Patna High Court CR. MISC. No.9580 of 2022(2) dt.02-03-2022 2/2 It is submitted that the earlier application for bail of the petitioners was withdrawn vide order dated 25.11.2021 passed in Cr. Misc. no. 42561 of 2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners being in custody for 8 months and not having any criminal antecedent, the Court directs the above two petitioners to be enlarged on bail in connection with Jagdishpur (Goradih) P.S. Case no. 201 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge 1st, Bhagalpur. (Partha Sarthy, J) Prakash/- U