Md. Serajul Haque @ Md. Sarajul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28671 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== MD. SERAJUL HAQUE @ MD. SARAJUL HAQUE S/O LATE ABDUL AZIM R/O Village- Chandpura, P.O- Bhagwanpur via Parsa, P.S- Parsa, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Mairwa P.S. Case No.93 of 2023 dated 24.03.2023 registered for the offence(s) punishable under Section(s) 30(a) of the 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 210.960 litres of Indian made foreign liquor from a pick up van and as per allegation the petitioner was found sitting in the said vehicle at the time of recovery but in actual the petitioner was present in the said vehicle in the capacity of its driver and he had no knowledge about the alleged

Patna High Court CR. MISC. No.28671 of 2023(2) dt.17-05-2023 2/2 loaded wine and neither the seized liquor nor the seized vehicle belongs to this petitioner and he has been languishing in jail since 25.03.2023 and he has fair and clean antecedent and has been made accused merely on suspicion.

4.

Per contra, learned APP appearing 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, 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 Mairwa P.S. Case No.93 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) sangam/- U T