Patna High CourtCR. MISC./46261/2024bail granted

Md. Nasim v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46261 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Geedha District- Bhojpur ====================================================== Md. Nasim son of Md. Hanif Village- Nazirganj Abbarpul Dharhara W.No-27, Ps- Ara Town Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gidha P.S. Case No. 42 of 2024 dated 29.05.2024 registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 300 litres of illicit country made liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. The petitioner is the driver of the said vehicle but he has no concern with the alleged recovery. Nothing has been recovered from the

Patna High Court CR. MISC. No.46261 of 2024(2) dt.03-07-2024 2/2 conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.05.2024.

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

6. 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, Bhojpur, Ara in connection with Gidha P.S. Case No. 42 of 2024.

7. The application stands allowed.

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