Patna High CourtCR. MISC./67307/2024bail granted

Firoz Khan @ Md. Firoz v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67307 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- SAKRI District- Madhubani ====================================================== 1.

Firoz Khan @ Md. Firoz Son of Khursed R/O- 287, Anuppur, Diwai Garh Mukteshwar, P.S. and District - Hapur (Uttar Pradesh). 2.

Salim Ahmed @ Md. Salim Son of Mazor R/O- 287, Anuppur, Diwai Garh Mukteshwar, P.S. and District - Hapur (Uttar Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sakri P.S Case No. 167 of 2024 dated 01.08.2024 registered for the offence punishable u/ss 274, 275 and 3(5) of B.N.S. and Sections 30(a), 36, 38(1) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 6606 litres of illicit foreign made liquor was recovered from the truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.67307 of 2024(2) dt.18-09-2024 2/2 possession of the petitioners. The petitioner No. 1 is the driver and the petitioner No. 2 is the co-driver of the said vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani, in connection with Sakri P.S Case No. 167 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Aman Kumar/- U T