Md. Sabir @ Md. Sabir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38774 of 2021 Arising Out of PS. Case No.-99 Year-2019 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== MD. SABIR @ MD. SABIR MIYAN S/o Late Md. Taslim R/o- Rajarampatti, Ward No. 11, P.S.- Andhramath, Distt.- Madhubani, At present R/o- Gadhiya Prasid Pokhar (Dakhi), P.S.- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Bhairabsthan Police Station Case No. 99 of 2019, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation, as per the prosecution case is that a total quantity of 630 litres of Nepali liquor and a mobile phone of this petitioner has been recovered from the Scorpio vehicle. It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case

Patna High Court CR. MISC. No.38774 of 2021(2) dt.13-12-2021 2/2 having clean antecedent. Investigation is complete and petitioner is in custody since 19.04.2021.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 19.04.2021 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IInd-cumSpecial Judge, Excise Act, Madhubani, in connection with Bhairabsthan Police Station Case No. 99 of 2019. (Prabhat Kumar Singh, J) sanjeev/- U T