Patna High CourtCR. MISC./51216/2022bail granted

Md. Mohsin v. The State Of Bihar

2022-10-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51216 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== MD. MOHSIN Son of Mohd. Yunus, Resident of Mohalla - G-382, Gali No.- 20, Mustafabad (North East Extn), P.S.- Bhajanpura, District - Old Mustafabad (New Delhi) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise P.S. Case No. 165 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. As per prosecution, total recovery of 175.320 liters of foreign liquor is subject matter of the present case. Learned counsel for the petitioner submits that petitioner has clean antecedent and he is in custody since 05.06.2022. He further submits that petitioner is neither driver nor owner of the vehicle, rather he is just mere a staff of the

Patna High Court CR. MISC. No.51216 of 2022(2) dt.14-10-2022 2/2 owner of the vehicle. He is completely innocent as he was completely unaware that what is loaded in the vehicle. Learned counsel further submits that charge sheet has already been filed in this case and petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Samastipur in connection with Excise P.S. Case No. 165 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T