Patna High CourtCR. MISC./72831/2023bail granted

Sabir Hussain v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72831 of 2023 Arising Out of PS. Case No.-307 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

Sabir Hussain S/O Bhagu Ram R/O Village- Kotala House No. 59, P.SAnkeda, Distt.- Nooh Mewar (HARYANA). 2.

Mahir Hussain @ Mahir Khan S/O Mubin Khan R/O Village- Baraka Alim Uddinpur, P.S- Rojaka Mew, Distt.- Nooh Mewar (HARYANA). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the State :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and Mr. Arun Kumar, learned APP for the State.

2. The petitioners seek bail in connection with Durgawati P.S. Case No. 307 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, 1330 litres of illicit liquor was recovered from the truck.

4. Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are the driver and

Patna High Court CR. MISC. No.72831 of 2023(2) dt.09-11-2023 2/2 helper and they are in custody since 11.09.2023. The petitioners have no criminal antecedent.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 307 of 2023.

7. The bailors of the petitioners shall be blood relatives and the petitioners shall co-operate in the trial. (Sandeep Kumar, J) P. Kumar U T