Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42937 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

NASIR S/O MD. ASGAR R/O VILLAGE- KOTHIGHAT (RAMPUR), WARD NO. 13, PS. CHAMPA NAGAR, DISTT. PURNEA 2.

MD. SANAUDDIN S/O MD. SAHJAN @ MD. SHAHJAHA R/O VILLAGE- KOTHIGHAT (RAMPUR), WARD NO.-13, PS. K. NAGAR, DISTT. PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in connection with Azam Nagar (Salemari) P.S. Case No. 172 of 2023 dated 24.5.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 324 litres of illicit liquor is alleged to have recovered from the two pickup vans.

Patna High Court CR. MISC. No.42937 of 2023(2) dt.20-07-2023 2/2 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 25.5.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners and submitted that the petitioner No. 1 is the owner of the vehicle and the petitioner No. 2 is the cleaner of the said vehicle.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Azam Nagar P.S. Case No. 172 of 2023.

The application stands allowed.

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