Md Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70058 of 2021 Arising Out of PS. Case No.-281 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== MD SHAHNAWAZ S/o Md Sanauwar @ Md Sanauwar Ansari Resident of Village - Chaitadih Chaman Chauk, P.S. - Pachama, District - Giridih (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Excise Case No. 281 / 2021 registered under Sections 30(a) & 56 (b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, Excise Officials intercepted one Mahendra Bolero Pick Up Van and recovered 527.400 liters of illicit foreign liquor from the same and arrested the driver and one another person.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on suspicion. Learned counsel also submits that petitioner is neither the driver nor the owner of the Mahindra Bolero Pick Up Van in

Patna High Court CR. MISC. No.70058 of 2021(2) dt.24-05-2022 2/2 question. Learned counsel further submits that no illicit liquor has been recovered from the possession of the petitioner. Learned counsel next submits that petitioner has got no criminal antecedent. The petitioner is in custody since 12 / 10 / 2021 and charge sheet has already been submitted .

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 12/10/2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IInd-cum-Special Judge of Excise Act , Gaya in connection with Gaya Excise Case No. 281 / 2021.

(Anil Kumar Sinha, J) praful/- U T