Md. Halim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60417 of 2021 Arising Out of PS. Case No.-389 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

MD. HALIM Son of Md. Salim Resident of Village - Morahe, P.S. - Fatehpur, District - Gaya.

2.

Md. Jafar Son of Md. Sahabuddin Resident of Village - Ikbal Nagar, P.S. - Muffasil, District - Gaya.

3.

Md. Imran Alam Son of Md. Salimuddin Resident of Village - Bhadauni, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 48 litres of beer and 9 litres of IMFL is said to have been recovered from a truck of which the petitioner no. 3 was the driver, the petitioner no. 1 is the cleaner and petitioner no. 2 a relative of the driver. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession nor from the truck in question. They have been

Patna High Court CR. MISC. No.60417 of 2021(2) dt.07-03-2022 2/2 falsely implicated in the case. They have no criminal antecedent and are in custody since 18.7.2021. It is further submitted that a supplementary affidavit has been filed stating about the death in the family of the petitioner no. 3.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioners not having any criminal antecedents, the Court directs the above three petitioners to be enlarged on bail in connection with G.O. Case no 389 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II, Nawada. (Partha Sarthy, J) Prakash/- U