Asif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39310 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Asif Khan S/o Md Iqbal @ Ikbal Resident of Village- Gonsaura, P.S.- Pahari, District- Bharatpur, State- Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Let the defect/s as pointed out by the office is ignored.

3. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case No. 27 of 2025 dated 22.01.2025 registered for the offences punishable u/s 61(2) of B.N.S. and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 3072.6 litres of illicit foreign liquor was recovered from the container.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.39310 of 2025(2) dt.24-06-2025 2/2 this case. The apprehended person disclosed the name of the petitioner and the co-accused person. The petitioner is the driver of the seized container. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2025. The co-accused person has already been granted bail by this Court vide order dated 13.05.2025 passed in Cr. Misc. No. 30953 of 2025.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Khagaria in connection with Parbatta P.S. Case No. 27 of 2025.

8. The application stands allowed.

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