Patna High CourtCR. MISC./51905/2024dismissed

Sakir Miya v. The State Of Bihar

2024-07-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51905 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Sakir Miya Son of Ros Mohammad R/O Vill.- Nandlal Mathiya, P.O. and P.S.- Kuchaikote, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Yadopur P.S. Case No. 61 of 2024 registered for the offence punishable under Section-30(a) of Bihar Prohition and Excise (Amendment) Act, 2022.

3. As per allegation, the informant and police party apprehended one person with Four wheeler vehicle. The apprehended person disclosed his name as Sakir Miya and on search, 1035 litres of country-made liquor containing in 115 cartoons kept in Pick up van has been recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.51905 of 2024(2) dt.30-07-2024 2/2 in this case. Nothing has been recovered from conscious possession of the petitioner. It has further been submitted that there is no compliance of Section 100(4) of the Cr.P.C. The petitioner is in custody since17-04-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances as also the recovery of liquor in huge quantity and criminal antecedent, presently I am not inclined to grant bail to the petitioner and accordingly, the same is rejected.

7. However, if so advised, the petitioner may renew his prayer for bail after nine months from today. (Nawneet Kumar Pandey, J) A.K.V.//- U T