Patna High CourtCR. MISC./64661/2024bail granted

Sakib Ali v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64661 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sakib Ali Son of Mohd. Salauddin @ Md. Salahudin Resident of Mahuava Ward No. 10, P.S.- Dhaka, Distt.- East Champaran,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aditi Sharma, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 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 Kundwa Chainpur P.S. Case No. 96 of 2024 dated 09.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 317(5) of the B.N.S.

3. As per the prosecution case, total 1602 litres of illicit nepali liquor was recovered from two motorcycles and one Bolero.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicles.

Patna High Court CR. MISC. No.64661 of 2024(2) dt.10-09-2024 2/2 The petitioner is only the driver of seized Bolero and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.07.2024.

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, in connection with Kundwa Chainpur P.S. Case No. 96 of 2024.

7. The application stands allowed.

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