Patna High CourtCR. MISC./72579/2024bail granted

Mutur Ali @ Murtuza Ali @ Mutar Ali v. The State Of Bihar

2024-10-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72579 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Mutur Ali @ Murtuza Ali @ Mutar Ali, aged about 37 years, Male, S/o Moeen Miya, R/o vill - Harpur, P.s. - Barhariya, Distt. - Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Amir Alam, Advocate For the Opposite Party :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Vishambharpur P.S. Case No. 97 of 2024 dated 28.07.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 261 litres of illicit country made liquor was recovered from the dickey of the Scorpio vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. No incriminating article has been recovered

Patna High Court CR. MISC. No.72579 of 2024(3) dt.25-10-2024 2/2 from his possession. He has simply hired the said vehicle on rent. He had no knowledge that the illegal liquor was kept in the said vehicle. The other co-accused persons Bipin Singh and Robin Giri have already been granted bail by a Bench of this Court vide Cr. Misc. No. 68467 of 2024 under order dated 25.09.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 28.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV, Gopalganj in connection with Vishambharpur P.S. Case No. 97 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T