Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44497 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.
Saddam Son of Shekh Tahir Village- Jhirwa Purwari Ps- Simraha DistAraria 2.
Md. Ibrar Khan @ Ibrar Khan Son of Shekh Md. Habib Khan VillageSadbaily Ps- Kasba Dist- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-07-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioners seek bail in connection with Katihar Town P.S. Case No. 257 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
4. The accused/petitioners are named in the F.I.R. and are in custody since 11.04.2023.
5. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 503.280 litres of IMFL/country made liquor from the
Patna High Court CR. MISC. No.44497 of 2023(2) dt.31-07-2023 2/3 vehicle.
6. Learned counsel appearing on behalf of the petitioners submitted that the petitioner no. 1 is the driver and petitioner no. 2 is the helper/co-driver of the alleged pickup van, from where alleged illicit liquor appears to be recovered, where during the course of investigation nothing incriminating surfaced against the petitioners, which may suggest that both petitioners were aware about carrying consignment of illicit liquor and as such, it can be safely gathered that recovery of alleged illicit liquor not appears to be made from conscious physical possession of these petitioners, who are men of clean antecedent. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. Considering the facts and circumstances as mentioned above, as implication of petitioners appears only being driver and codriver/helper of the alleged vehicle coupled with the fact that chargesheet has already submitted, where both petitioners are in custody since 11.04.2023, accordingly, both above named petitioners are directed to be released on bail in connection with Katihar Town P.S. Case No. 257 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Exclusive
Patna High Court CR. MISC. No.44497 of 2023(2) dt.31-07-2023 3/3 Special Judge Excise No. 2 Katihar/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T