Patna High CourtCR. MISC./19341/2024bail granted

Md Faishal Rahman @ Md. Faishal Rahmani v. The State Of Bihar

2024-03-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19341 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Md Faishal Rahman @ Md. Faishal Rahmani Son of Md Faizul Rahman Resident of vill.-Islam Toli, Ward No.24, P.S.-Nagar, Aurangabad, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Aurangabad Excise P.S. Case No. 105 of 2024, instituted for the offences punishable under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 43.200 liters liquor was recovered from car and the petitioner was apprehended on spot.

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

Patna High Court CR. MISC. No.19341 of 2024(2) dt.14-03-2024 2/2 with the alleged recovery of liquor. The petitioner is in custody since 10.02.2024 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 Aurangabad Excise P.S. Case No. 105 of 2024.

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