Md. Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23997 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== MD. JUBAIR S/O Md Rafique @ Md Rafik Resident of Village- Bahadurpur Chiknauta, Police Station- Baligaon and District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 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 Baligaon P.S. Case No. 43/2025 dated 14.03.2025 registered for the offences punishable u/s 30(a), 33, 34 and 35 of the Bihar Prohibition and Excise Act and Sections 338, 336(3), 341(1) and 340(2) of the B.N.S.

3. As per the prosecution case, total 58.41 litres of illicit foreign liquor was recovered from the car.

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. The petitioner is not the owner of

Patna High Court CR. MISC. No.23997 of 2025(2) dt.23-04-2025 2/2 the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has seven antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.03.2025.

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, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 43/2025 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