Patna High CourtCR. MISC./61815/2024bail granted

Aftab Ansari v. The State Of Bihar

2024-08-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61815 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== AFTAB ANSARI SON OF LATE RASID ANSARI RESIDENT OF VILLAGE- BHAWANI CHHAPAR, P.S - PHULWARIYA, DISTT.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwariya P.S. Case No. 187 of 2024 dated 13.06.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 603 litres of illicit country made liquor was recovered from the Scorpio Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come in this case on mere suspicion. The petitioner is not the owner of the seized vehicle. The petitioner is only the driver of the seized vehicle and he has no

Patna High Court CR. MISC. No.61815 of 2024(2) dt.28-08-2024 2/2 concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 14.06.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner 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, Gopalganj in connection with Phulwariya P.S. Case No. 187 of 2024.

7. The application stands allowed.

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