Patna High CourtCR. MISC./47171/2024bail granted

Md. Sakir v. The State Of Bihar

2024-07-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47171 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Md. Sakir Son of Botal Miya R/O Vill.- Laxmipur, P.s.- Laukahi, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 G.R. No. 390 of 2024 arising out of Khutauna P.S. Case No. 67 of 2024 dated 23.05.2024 registered for the offence/s punishable u/ss 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 312 litres of illicit Nepali foreign liquor, 62.280 litres of Nepali country made liquor and 66 litres of Nepali beer were recovered from the Toyota car.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.47171 of 2024(2) dt.08-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The 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 24.05.2024.

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, Jhanjharpur in connection with G.R. No. 390 of 2024 arising out of Khutauna P.S. Case No. 67 of 2024.

7. The application stands allowed.

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