Md. Sultan Ahmad @ Md Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70255 of 2023 Arising Out of PS. Case No.-626 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Md. Sultan Ahmad @ Md Sultan Son Of Suleman Chaudhary @ Bilar Resident Of Village - Bikramganj Ward No.27, P.S. - Bikramganj, District - Rohtas (Sasaram) 2.

Md. Jasimul Haque Son Of Md. Yashin Mian Resident Of Village - Bikramganj Ward No.25 P.S. - Bikramganj, District - Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarfraz Ahmad For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 414 of the IPC and Sections 30(a)/47 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 103.68 liters of illegal liquor from a Car.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They

Patna High Court CR. MISC. No.70255 of 2023(2) dt.06-11-2023 2/3 have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 03.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioners are directed to deposit Rs. 5,000/- (Five thousand) each in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise No. 1-cumA.D.J. IVth Kaimur at Bhabhua in connection with Mohania P.S. Case No. 626 of 2023.

8. The bail bond of the petitioners shall be accepted by the learned Court below on showing the separate receipt of

Patna High Court CR. MISC. No.70255 of 2023(2) dt.06-11-2023 3/3 deposit of Rs. 5,000/- (Five thousand) each by the petitioners in the account of concerned DLSA.

(Sunil Kumar Panwar, J) Arish/- U T