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Patna High CourtCR. MISC./59679/2025allowed

Md Aslam v. The State Of Bihar

2025-10-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59679 of 2025 Arising Out of PS. Case No.-15 Year-2024 Thana- Vishanpur District- Kishanganj ====================================================== Md Aslam Son of Md Kasim R/o Pokhram, Ward no. 7, P.S. - Murliganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bishanpur P.S. Case No. 15 of 2024, Special Case No. 1096 of 2024 for the offence registered under Sections 30 (a) and 32(3), 41 and 47 of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 213.12 litres of illicit foreign liquor recovered from a Scorpio bearing Registration No. JH15R-6754. Petitioner is alleged to be the driver of the seized vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating material recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.59679 of 2025(3) dt.09-10-2025 2/2 the petitioner was neither the driver nor the owner of the seized vehicle. He was not apprehended on the spot. Charge-sheet has already been filed after completion of investigation and there is no chance of tampering with the evidence or absconding of the petitioner. Petitioner is in jail custody since 22.07.2025, having one criminal antecedent. Petitioner undertakes to cooperate in trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj, in connection with Special Case No. 1096 of 2024, Bishanpur P.S. Case No. 15 of 2024.

(Sunil Dutta Mishra, J) khushbu/- U T