Patna High CourtCR. MISC./54483/2024bail granted

Md. Safir v. The State Of Bihar

2024-07-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54483 of 2024 Arising Out of PS. Case No.-179 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== 1.

Md. Safir son of Siraj Ahmad Village- Rasoolpur Gosaiganj Sultanganj U.P 2.

Vishnu Mani Singh son of Sikandar Singh Village- Dandawapatti Narendrapur Sarpatha Dist- Jaunpur U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Majid Mahboob Khan For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Mairwa P.S. Case No. 179 of 2024 dated 11.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 162 litres of illict foreign liquor was recovered from the Scropio.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the said

Patna High Court CR. MISC. No.54483 of 2024(2) dt.30-07-2024 2/2 vehicle and the same was not being driven by them at the time of the alleged recovery. The name of the petitioners has sprung up merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 12.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, Siwan, in connection with Mairwa P.S. Case No. 179 of 2024.

7. The application stands allowed.

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