Md. Ashraf @ Ful Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18071 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- Lalitgram District- Supaul ====================================================== Md. Ashraf @ Ful Hasan Son of Md. Najim Deewan village- Balua Bazar, PS- Balua Bazar, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lalitgram P.S. Case No. 63 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, the police has recovered total 216 liters of illicit Saufi Nepali liquor from the Tata Indigo car bearing Regd. No. BR50A8852.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and

Patna High Court CR. MISC. No.18071 of 2025(2) dt.24-03-2025 2/3 has falsely been implicated in the present case. The petitioner is alleged to be the driver of the seized vehicle. The petitioner is not the owner of the seized vehicle. Learned counsel for the petitioner submits that the petitioner had no knowledge of the illicit liquor being kept in the alleged car. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents and is languishing in judicial custody since 25.12.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner let

Patna High Court CR. MISC. No.18071 of 2025(2) dt.24-03-2025 3/3 the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lalitgram P.S. Case No. 63 of 2024.

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