Patna High CourtCR. MISC./46276/2024bail granted

Md. Wasim v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46276 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md. Wasim Son of Md. Mustafa Resident of Village- Nagdehi Naya Tola, P.S.- Mufassil Rani Patra, Dist.- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== 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 Special Case No. 137 of 2024 arising out of Kochadhaman P.S. Case No. 70 of 2024 dated 10.05.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 21.750 litres of illicit foreign liquor kept in a sack was recovered from the motorcycle driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle. The

Patna High Court CR. MISC. No.46276 of 2024(2) dt.03-07-2024 2/2 petitioner has no concern with the alleged recovery. Nothing has been recovered from the 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 10.05.2024.

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, Kishanganj in connection with Special Case No. 137 of 2024 arising out of Kochadhaman P.S. Case No. 70 of 2024.

7. The application stands allowed.

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