Mohammad Azad @ Tirka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43223 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Mohammad Azad @ Tirka Son Of Mohammad Usman@Usman Miyan Village- Gadhiya, P.S.- Andharamath, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jaishankar Kumar Yadav For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Andhramath P.S. Case No. 189 of 2023 instituted for the offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 128.100 liters of liquor was recovered from two motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of apprehended co-accused. No incriminating article

Patna High Court CR. MISC. No.43223 of 2024(2) dt.24-06-2024 2/2 has been recovered from the conscious possession of the petitioner. The petitioner has got no concern either with the alleged recovery of liquor or with the vehicles in question. The petitioner is in custody since 03.04.2024 and has no criminal antecedent. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 8922 of 2024. Petitioner has no knowledge regarding the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP 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 as well as 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 Andhramath P.S. Case No. 189 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T