Irsad Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65404 of 2024 Arising Out of PS. Case No.-415 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

Irsad Sai Son of Late Ismile Sai R/O Vill.- Khalwan, P.S.- Nautan, Dist.- Siwan.

2.

Arun Kumar Son of Dadan Chaudhary R/O Vill.- Bharthui, P.S.- Dhanauti, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 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 Siwan Excise P.S. Case No. 415 of 2024 dated 10.07.2024 registered for the offences punishable u/s 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1235.520 litres of illicit foreign liquor and 144.00 litres of illicit beer were recovered from the pick-up van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.65404 of 2024(2) dt.11-09-2024 2/2 implicated in this case. The petitioners have no concern with the alleged recovery. The petitioner no. 1 is the driver and the petitioner no. 2 is the passenger of the said seized vehicle. 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 26.07.2024

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 Siwan Excise P.S. Case No. 415 of 2024.

7. The application stands allowed.

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