Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15777 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Md. Saddam S/o- Late Umad Ali R/Vill- Gourikita Jatama PS- Mahgama Dist- Godda 2.

Manish Kumar @ Rider S/o- Late Rajkumar Harijan R/Vill- Digghi PSMahgama Dist- Godda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s:

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sabour PS Case No. 453 of 2024 instituted for the offences under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 106.17 litres of foreign liquor was recovered from Car. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver of the seized vehicle and he

Patna High Court CR. MISC. No.15777 of 2025(2) dt.18-03-2025 2/2 has no knowledge regarding the nature of goods kept in the vehicle. It is further submitted that petitioner no. 1 disclosed the name of the petitioner no. 2. The petitioner no. 1 is in custody since 28.12.2024 and petitioner no. 2 is in custody since 01.01.2025. The petitioners have no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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 petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sabour PS Case No. 453 of 2024.

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