Patna High CourtCR. MISC./65198/2025bail granted

Md. Gareeb v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65198 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- JALALPUR District- Saran ====================================================== Md. Gareeb S/o Late Md. Israil R/o Mohalla - Gudri Bazar, Salapatganj, Shaikh Toli, P.S.- Bhagwan Bazaar, District - Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Jalalpur P.S. Case No. 162 of 2025 registered on 30.07.2025 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of 160 litres of country made liquor was made from an e-rickshaw auto and the petitioner and co-accused were apprehended.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner is the driver of the auto and was

Patna High Court CR. MISC. No.65198 of 2025(2) dt.23-09-2025 2/3 having no knowledge about illicit liquor kept in the auto by coaccused Sonu Kumar. Petitioner has no concern with the seized liquor. Petitioner is having no criminal antecedent and he is in custody since 30.07.2025.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioner and further considering the clean antecedent of the petitioner as well as his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra/concerned court in connection with Jalalpur P.S. Case No. 162 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court

Patna High Court CR. MISC. No.65198 of 2025(2) dt.23-09-2025 3/3 below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T