Badsah @ Md Sajjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35767 of 2025 Arising Out of PS. Case No.-308 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Badsah @ Md Sajjad son of Late Md Kalam R/o vill - Khuski Bagh Hat, Thana- Sadar, District- Purnea, at present residing at Mohalla Line Bazar Muzaffar, Ahmad Nagar, thana- K.HAt Sahayak, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-06-2025 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 Sahebpur Kamal P.S. Case No. 308 of 2022 dated 11.11.2022 registered for the offences punishable u/ss 30(a), 32(1) (2), 41(2) (3) of the Bihar Prohibition and Excise Act and 120B of the IPC.
3. As per the prosecution case, total 879 litres of illicit country made liquor was recovered from the pickup van and car.
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 driver nor the owner of
Patna High Court CR. MISC. No.35767 of 2025(2) dt.16-06-2025 2/2 the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.07.2024.
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, Begusarai in connection with Sahebpur Kamal P.S. Case No. 308 of 2022, 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 bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T