Md. Samshul @ Mahammad Samsul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23469 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Md. Samshul @ Mahammad Samsul S/O Md. Haidar Resident of VillageBrindawan Ward No. 9, PS- Matihani, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sonbarsa Raj P.S. Case No. 31/2025 dated 24.02.2025 registered for the offences punishable u/s 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 2698.485 litres of illicit foreign liquor was recovered from the truck.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per para. 16 of the bail petition,
Patna High Court CR. MISC. No.23469 of 2025(2) dt.22-04-2025 2/2 the petitioner has no concern with the seized truck. The petitioner has no concern with the alleged recovery. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Sonbarsa Raj P.S. Case No. 31/2025 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T