Md. Hasnain @ Aale Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36654 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Md. Hasnain @ Aale Hasan Son Of Rabul Hasan Resident Of Village - House No.24, Sultanpur Majri, P.S. - Bahadrabad, District - Haridwar (Uttrakhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sadar Excise PS Case No. 69 of 2024 instituted for the offences under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 191.250 liters foreign liquor was recovered from car and the petitioner was arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.36654 of 2024(2) dt.21-05-2024 2/2 that petitioner is the driver of the vehicle and petitioner was unaware of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 15-03-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 17-05-2024, passed in Cr. Misc. No. 37908 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise PS Case No. 69 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T