Mausami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60916 of 2021 Arising Out of PS. Case No.-303 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Mausami D/O- Bhanu Prasad R/O Village- Pagar Siswa, P.S.- Ram Kola, District- Kushi Nagar U.P.

2.

Ajruddin Siddique @ Shahrukh Son Of Jamidar Siddique R/O VillagePagar Chhapar, P.S.- Mam Kola, District- Kushi Nagar U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioners seek regular bail in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 303 of 2021, registered for the offence punishable under sections 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 167.500 liters of illicit beer from a Mahindra Bolero vehicle which was being driven by the petitioner no. 2 whereas the petitioner no. 1 is stated to be sitting in the said vehicle. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely

Patna High Court CR. MISC. No.60916 of 2021(2) dt.30-03-2022 2/2 implicated in the present case, are having a clean antecedent and are languishing in custody since 10.06.2021. Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the petitioners are having clean antecedent and are languishing in custody since about 9 months, I deem it fit and proper to admit the petitioners to the privilege of regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned court of Spl. Judge, Excise, Bettiah, West Champaran in connection with Chanpatia (Sirisiya) P.S. Case No. 303 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T