Shahjad Khalifa @ Shahzad Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42617 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- KOTWA District- East Champaran ====================================================== 1.

Shahjad Khalifa @ Shahzad Khalifa S/O Prabhu Khalifa R/O VillageKotwa, P.S- Kotwa, Distt.- East Champaran. 2.

Ritesh Kumar S/O Awadh Ram R/O Village- Gaira, P.S- Kotwa, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Kotwa P.S. Case No. 143 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 900 ml liquor was recovered from motorcycle and the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.42617 of 2024(2) dt.20-06-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners are not the owner of the motorcycle in question, rather they were passerby of that way. The petitioners are in custody since 16.05.2024. Petitioner No. 1 has got no criminal antecedent and Petitioner No. 2 has got one criminal antecedent in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwa P.S. Case No. 143 of 2024.

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