Patna High CourtCR. MISC./16122/2024bail granted

Sahjad Ali v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16122 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- DERNI BAZAR District- Saran ====================================================== Sahjad Ali Son of Allauddin @ laudin Resident of Village- Khalpura Kamala, P.S.- Chapra Mufassil, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Derni Bazar P.S. Case No. 183 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 211.370 liters liquor was recovered from one vehicle.

4. Learned counsel for the petitioner submits that the petitioner 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. It is further submitted that petitioner is neither owner nor driver of the said vehicle rather

Patna High Court CR. MISC. No.16122 of 2024(2) dt.06-03-2024 2/2 he is the first owner of the said vehicle and he sold the vehicle to one Kavita Devi. The petitioner is in custody since 04.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Derni Bazar P.S. Case No. 183 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T