Md. Basim Akhtar @ Guddu @ Md. Wasim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46380 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== MD. BASIM AKHTAR @ GUDDU @ MD. WASIM AKHTAR S/O MD. ARIF @ MD. JAINUL ABDI R/O Village- Jalwabad, P.S- Kodarma, Distt.- Kodarma(Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Sheikhopur Sarai P.S. Case No. 110 of 2023 instituted for the offence under Sections 30(a), 32(2), 41(1) of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 154.87 litres of illicit liquor from a Bolero Vehicle of which petitioner was driver and accused Sonu Kumar both were arrested on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Because he was driving the

Patna High Court CR. MISC. No.46380 of 2023(3) dt.25-08-2023 2/2 said vehicle, he has been implicated in the present case. Petitioner is languishing in judicial custody since 16.06.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge 2nd Sheikhpura in connection with Sheikhpura P.S. Case No. 110 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U T