Patna High CourtCR. MISC./73560/2024bail granted

Md. Saifullah v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73560 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Md. Saifullah S/o Jahir Miyan R/o vill - Belwa Madho, P.S. - Kotwa, Distt. - East Champaran (Motihari) 2.

Chandan Kumar S/o Bhushan Ram R/o vill - Belwa Madho, P.S. - Kotwa, Distt. - East Champaran (Motihari) ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 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 Gopalpur P.S. Case No. 165/2024 dated 24.07.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 72.280 litres of illicit foreign liquor was recovered from the Pick-up van.

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 possession of the petitioners. The petitioner no. 1 is the driver

Patna High Court CR. MISC. No.73560 of 2024(2) dt.08-10-2024 2/2 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 24.07.2024.

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, Gopalganj, in connection with Gopalpur P.S. Case No. 165/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T