Hassan Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54092 of 2021 Arising Out of PS. Case No.-176 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== 1.

Hassan Imam Son Of Mumtaz Ali R/O Village- Badki Baghi, P.S.- Hathua, District- Gopalganj 2.

Ajay Kumar Chaudhary Son Of Jagarnath Chaudhary R/O Village- Indauli (maharajganj), P.S.- Maharajganj, District- Siwan ... ... Petitioners

Versus

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

For the Petitioners : Mr.Vijay Kumar Srivastva, Advocate For the Opposite Party :Mr. Humayou Ahmad Khan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 289 liters of foreign liquor was recovered from the pick up van, of which petitioners were driver and cleaner respectively and were arrested on the spot.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners and they are no way

Patna High Court CR. MISC. No.54092 of 2021(2) dt.03-12-2021 2/2 concerned with the alleged recovery as they were not aware of the nature of consignment loaded on the vehicle. Petitioners claims clean antecedent. Petitioners are in custody since 3.8.2021. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise Act Saran at Chapra in Excise Case No. 176 of 2021.

(Prabhat Kumar Singh, J) Shashi U T