Md. Naushad @Md. Nousad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14637 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- BELHAR District- Banka ====================================================== MD. NAUSHAD @MD. NOUSAD S/O BIRAL MIYA R/V- Gorgamma, P.S.- Belhar, District- Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balram Kapri, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Belhar P.S. Case No. 150 of 2022, dated 21.04.2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 125 litres of country-made Mahua Wine and the same is stated to have been recovered from the possession of petitioner's uncle who was found with the alleged wine on a motorcycle and the said motorcycle stands under the ownership of this petitioner, owing to which he has been made accused in this case in fact, he has no connection with the alleged seized wine and he has been
Patna High Court CR. MISC. No.14637 of 2023(2) dt.08-05-2023 2/2 languishing in jail since 28.11.2022 and against him the investigation has been completed. Further submission is that against the petitioner there are criminal antecedent of two cases in which he has got bail in both the said cases.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly petitioner's custody period and completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Belhar P.S. Case No. 150 of 2022.
(Shailendra Singh, J.) maynaz/- U T