Patna High CourtCR. MISC./26984/2023bail granted

Md. Ishteyak v. The State Of Bihar

2023-05-16Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26984 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Md. Ishteyak, Son of Md. Jahir, Resident of village - Nadma (Nadwan), P.S. - Dhanarua, District. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Special Case No. 2264 of 2023 arising out of Ramkrishna Nagar P.S. Case No. 140 of 2023 dated 01.03.2023 registered for the offences punishable under Sections 30 (a), 32(ii), (iii) and 41 of Bihar Prohibition and Excise Act

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 456 litres of country made liquor from a Santro Car, though as per allegation, the petitioner was found in the said vehicle at the time of recovery but in actual he was discharging his duty as a driver at the instruction of vehicle's owner who is a different person and he has also been made accused and

Patna High Court CR. MISC. No.26984 of 2023(2) dt.16-05-2023 2/2 petitioner has been languishing in jail since 02.03.2023 having fair and clean antecedent and against him the investigation has been completed.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Special Case No. 2264 of 2023 arising out of Ramkrishna Nagar P.S. Case No. 140 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T