Mokhtar Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15136 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- PHULWARIYA District- Gopalganj ====================================================== MOKHTAR MIYA Son of Juma Rahim Miya R/V- Lamichaur, P.s- Bhore, dist- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 103.209 litres wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-02-2023. He has remained in custody for about three months. The charge sheet has already been submitted in the present case. The trial is not likely to be concluded in near future. It is alleged that 103.209 litres wine is recovered from the Scorpio. The petitioner is

Patna High Court CR. MISC. No.15136 of 2023(2) dt.01-05-2023 2/2 alleged to be owner of the Scorpio. The said Scorpio is run as a public carrier. The petitioner had no knowledge regarding the nature of goods kept in the Scorpio. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the Court below/concerned Court in connection with Phulwariya P.S. Case No. 273 of 2022.

(Sudhir Singh, J) A.K.V.//- U T