Patna High CourtCR. MISC./16892/2023allowed

Sainullah Kureshi @ Sarfaraz Kureshi v. The State Of Bihar

2023-04-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16892 of 2023 Arising Out of PS. Case No.-705 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Sainullah Kureshi @ Sarfaraz Kureshi Son Of Nasim Kureshi R/O Village - Bhola Tola, Ward No.- 9, P.S.- Chanpatiya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 420, 467 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 180 ml foreign made liquor and one motorcycle, which was recovered from FIR named accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor vehicle in question

Patna High Court CR. MISC. No.16892 of 2023(2) dt.29-04-2023 2/2 belongs to him. He has got no criminal antecedent. It is further submitted that nothing incriminating article has been recovered from his conscious possession rather it recovered from co-accused, namely, Neyaz Kuraishi. The petitioner is languishing in judicial custody since 17.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chanpatiya P.S. Case No. 705 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champran.

(Sunil Kumar Panwar, J) Manish/- U T