Sahzad Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52718 of 2022 Arising Out of PS. Case No.-474 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sahzad Mian Son Of Laish Mian, R/O Village - Kukraha, P.S.- Shikarpur, District- Betiyah (west Champaran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Nitu Kumari, Advocate For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-10-2022 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 Ahiyapur P.S. Case No. 474 of 2022 lodged under Sections 30(a), 32(ii)(iii), 36 and 41(i) of Bihar Prohibition & Excise Act. As per the prosecution, total 1218.240 liters of foreign liquor has alleged to be recovered in this case. Learned counsel for the petitioner submits that from the seizure list, it transpires that said recovery was made from the Pick Up Van. Learned counsel further submits that petitioner is neither driver nor the owner of the vehicle. He further submits that petitioner's antecedent is clean and he is in custody since
Patna High Court CR. MISC. No.52718 of 2022(2) dt.20-10-2022 2/2 08.06.2022. He further submits that petitioner has been arrested not by the police in the pick up van rather he has been arrested in a nearby place.
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 Exclusive Special Judge, Excise Court No.1, Muzaffarpur in connection with Ahiyapur P.S. Case No. 474 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