Patna High CourtCR. MISC./13768/2024bail granted

Shahbaz Hussain v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13768 of 2024 Arising Out of PS. Case No.-321 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Shahbaz Hussain S/o Md. Nurul Hoda R/o vill - Bhagalpur, P.S. - Chakulia, Distt. - Uttardinajpur (W.B) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rampravesh Nath Tiwari, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 321 of 2023 instituted for the offences punishable under Section 279 of the Indian Penal Code and Sections 30(a)/32/41/47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 124.63 litres of liquor was recovered from Scorpio vehicle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.13768 of 2024(2) dt.28-02-2024 2/2 that petitioner is not the owner of the vehicle. It is further submitted that petitioner is only the driver of the vehicle in question and has no concern with the loaded articles/liquor. Charge-sheet has been submitted in this case. The petitioner is in custody since 28.12.2023 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP 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 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 Kochadhaman P.S. Case No. 321 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T