Hasnain Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14521 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Hasnain Khalifa Son of Harun Khalifa@Harun Nat Resident of VillMalhipur P.S -Hasanpur Dist -samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hasanpur PS Case No. 147 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 23 liters liquor was recovered from two plastic boxes. 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 of liquor. Recovery is made from an open place which is accessible to one and all.

Patna High Court CR. MISC. No.14521 of 2025(2) dt.07-03-2025 2/2 Learned counsel for the petitioner goes on to submit that recovery is planted by the police party. The petitioner is in custody since 28-11-2024 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 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 Hasanpur PS Case No. 147 of 2024.

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