Asif @ Asif Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67335 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== Asif @ Asif Khan S/o Makbul @ Makhbul Khan Resident Of Village- Kasta, P.S.- Bhitauli, Dist- Lakhmpur Khiri, U.P.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ex. Tr. No. 648 of 2025 arising out of Duraundha P.S. Case No. 252 of 2025, instituted for the offences punishable under Sections 318 (3), 338, 336 (2) of BNS and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 324. 750 liters of foreign liquor was recovered from car. Petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.67335 of 2025(3) dt.04-12-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is driver of the seized vehicle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 25.05.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ex. Tr. No. 648 of 2025 arising out of Duraundha P.S. Case No. 252 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.67335 of 2025(3) dt.04-12-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) krishnakant/- U T