Patna High CourtCR. MISC./70133/2024bail granted

Md. Rakim v. The State Of Bihar

2024-10-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70133 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- JALALGARH District- Purnia ====================================================== Md. Rakim Son of Jabbar @ Abdul Jabbar Resident of Tingarhi Chatar, P.S.- Araria, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md Fazle Karim For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 549.75 liters of liquor from two different vehicles.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of one of the seized vehicles. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and

Patna High Court CR. MISC. No.70133 of 2024(2) dt.07-10-2024 2/2 thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that Md. Arif would misuse the vehicle in the manner as alleged. It is further submitted that petitioner is in custody since 27.07.2024.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jalalgarh P.S. Case No. 84 of 2024.

(Satyavrat Verma, J) Rishabh/- U T