Md. Majahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57471 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- Benibad District- Muzaffarpur ====================================================== 1.

Md. Majahar S/o- Md. Sharfuddin Village- Thikhan Basudewa W.No-3, PsKathaiya Dist- Muzaffarpur 2.

Vikash Kumar son of Harendra Mahto Village- Rupchhapra Ps- Sahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 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 Benibad P.S. Case No. 30 of 2024 dated 12.06.2024 registered for the offences punishable u/s 414/34 of the I.P.C. and section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 609.240 litres of illicit foreign liquor was recovered from the Mahindra Pick-up van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the

Patna High Court CR. MISC. No.57471 of 2024(2) dt.12-08-2024 2/2 said vehicle and the same was not being driven by them at the time of the alleged recover. The name of the petitioners has transpired merely on the basis of the suspicion. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.06.2024.

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, Muzaffarpur, in connection with Benibad P.S. Case No. 30 of 2024.

7. The application stands allowed.

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