Patna High CourtCR. MISC./46114/2024bail granted

Sazid Ali v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46114 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sazid Ali Son Of Late Umardin Ali @ Umardeen Resident Of Village - Gujarpur, Taprana, P.S. - Jhinjhana, District - Shamli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== 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 Kuchaikote P.S. Case No. 117 of 2024 dated 25.04.2024 registered for the offences punishable u/ss 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 19600 litres of spirit was recovered from the dram loaded on the truck.

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 only the driver of the said vehicle and he has

Patna High Court CR. MISC. No.46114 of 2024(2) dt.03-07-2024 2/2 no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2024.

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, Gopalganj in connection with Kuchaikote P.S. Case No. 177 of 2023.

7. The application stands allowed.

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