Md Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67154 of 2023 Arising Out of PS. Case No.-1103 Year-2023 Thana- Excise P.S. District- Kishanganj ====================================================== Md Sabir S/O Md Shahid @ Md Shahid R/O Village- Motibag, P.SKishanganj, Distt.- Kishanganj. ... ... 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. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Madya Nisedh P.S. Case No. 1103 of 2023, lodged on 04.08.2023, under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total recovery of 50 liters of country made liquor has been the subject matter of the present case.

4. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean. He is in custody since 05.08.2023. Counsel submits that admittedly the recovery has been made from the auto-rickshaw and petitioner is driver-cumowner of the said auto-rickshaw. Counsel submits that

Patna High Court CR. MISC. No.67154 of 2023(2) dt.17-10-2023 2/2 petitioner is ready to abide all the conditions imposed by the Court.

5. Learned counsel for the State opposes the prayer for bail.

6. In this background, I am not inclined to grant bail to the petitioner but liberty is granted to the petitioner that upon framing of the charges the petitioner shall move for bail and the trial Court is directed to release him on bail imposing conditions so that he may not evade appearance during trial.

7. With this direction, the application is disposed of. (Dr. Anshuman, J) Mkr./- U T