Rifaqat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70533 of 2021 Arising Out of PS. Case No.-374 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Rifaqat Ali Son of Late Saukat Ali Resident of Village - Sujadu, Police Station - Muzaffarnagar, District - Muzaffarnagar (U.P.) 2.

Jan Mohammad Son of Munne Khan Resident of Village - Waith, Police Station - Simbhauli, District Hapur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the parties.

The petitioners seek bail in a case registered for the offence under Sections 419, 420, 467, 468, 471, 34 of the I.P.C. and Section 30(a) / 41(i) of Bihar Prohibition and Excise Act. 2224 liters & 410 ml. of illicit foreign liquor has been recovered from a truck, of which, petitioner no. 1 is driver and petitioner no. 2 is co-driver.

It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners and petitioners, being driver and co-driver, were unaware about nature of consignment. Petitioners claim clean antecedent and are in custody since 31.08.2021. Investigation is complete.

Patna High Court CR. MISC. No.70533 of 2021(2) dt.22-12-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge Kaimur at Bhabua in connection with Mohania P.S. Case No. 374 of 2021.

(Prabhat Kumar Singh, J) anay/- U T