Md. Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61101 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- PIPRA District- Patna ====================================================== 1.
MD. RAJA son of Md. Guddu @ Md. Aijaan Village- Dargaah Road PsSultanganj Dist- patna 2.
Saddam Hussain son of Md. Jane Alam Mohalla- Khetan Market Bhor Pokhar Sabjibagh, Ps- Pirbahore Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 240 liters of illegal country-made liquor from a car, which was being driven by the petitioner no.1.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.61101 of 2023(2) dt.15-09-2023 2/3 that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of these petitioners. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 22.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. The petitioner no. 1 is directed to deposit Rs. 20,000/- (twenty thousand) in the account of concerned DLSA.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Pipra P.S. Case No. 54 of 2023.
8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.
Patna High Court CR. MISC. No.61101 of 2023(2) dt.15-09-2023 3/3 20,000/- (twenty thousand) by the petitioner no. 1 in the account of concerned DLSA.
(Sunil Kumar Panwar, J) arish/- U