Md. Siddiq @ Shaik Shidik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64989 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== MD. SIDDIQ @ SHAIK SHIDIK Son of Sekh Thithar Resident of village - Banainia, Ward No.- 10, P.S.- Kishanpur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Excise Supaul P.S. Case No. 104 of 2022, for the offence registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (Amendment) Act, 2018-2022.

The allegation is regarding recovery of 165 litres of illicit Nepali Saufi wine from the semiconstructed husk house, stated to be that of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is

Patna High Court CR. MISC. No.64989 of 2022(2) dt.08-02-2023 2/3 having a clean antecedent and he is languishing in custody since 14.06.2022. It is further submitted that the house in question was under construction and the petitioner is living far away from the said under construction house, hence he was not having any knowledge about the illicit liquor being kept at the said place by the labours working there.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-

Patna High Court CR. MISC. No.64989 of 2022(2) dt.08-02-2023 3/3 Vth-cum-Special Judge, Excise Court No.2, Supaul in connection with Excise Supaul P.S. Case No. 104 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T