Patna High CourtCR. MISC./36767/2024bail granted

Shahjada Abshar Ahmad v. The State Of Bihar

2024-05-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36767 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Shahjada Abshar Ahmad Son of Md. Ansar Resident of Village- Tarsarai, Ward No-09, P.S- Sakari, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 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 Jhanjharpur ( Excise) P.S. Case No. 57/2024 (G.O. Case No. 370/2024) dated 22.03.2024 registered for the offences punishable u/ss 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 89.640 litres of illicit foreign liquor was recovered from the dickey of the Bolero.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.36767 of 2024(3) dt.14-05-2024 2/2 possession of the petitioner. The petitioner is co-driver of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2024.

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, Jhanjharpur, Madhubani in connection with Jhanjharpur (Excise) P.S. Case No. 57/2024 (G.O. Case No. 370/2024)

7. The application stands allowed.

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