Patna High CourtCR. MISC./30984/2025bail granted

Nijam Hussain v. The State Of Bihar

2025-05-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30984 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi ====================================================== NIJAM HUSSAIN S/o- Md. Jafar Alam Village- Harpurwa, W.No-5, Po PsBajpatti Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Jha, Adv.

Mrs. Rakchika Shekhar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 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 Pupri Excise P.S. Case No. 63 of 2025 dated 13.02.2025 registered for the offences punishable u/ss 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 405 litres of illicit Nepali country-made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the seized vehicle. Nothing has been recovered from the

Patna High Court CR. MISC. No.30984 of 2025(2) dt.13-05-2025 2/2 conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2025.

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, Sitamarhi in connection with Pupri Excise P.S. Case No. 63 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T