Shahnawaz Ahmad @ Sahnawaj Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74695 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.
Shahnawaz Ahmad @ Sahnawaj Ahamad Son of Mumtaj Resident of Village - Karpurigram, P.S. - Karpurigram, District - Samastipur 2.
Md. Ehtesham @ Ehatesam Son of Abdul Jbbar @ Abdul Jabbar Resident of Village - Rahimabad, P.S. - Bangra, District - Samastipur 3.
Md. Feroz @ Mohammad Firoj Son of Md.Mustak Alam @ Mustak Alam Resident of Village - Mukundpur, P.S. - Mahua, District - Vaishali 4.
Soni Pravin Wife of Md. Samim Resident of Village - Sagaul, P.S. - Begusarai, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar Shukla For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under section 317(5) of BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 210.96 litres of illicit liquor from a car bearing Reg. No. DL1CAB-5174. Petitioners were alleged to have been
Patna High Court CR. MISC. No.74695 of 2024(2) dt.18-10-2024 2/3 apprehended on the spot.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the alleged recovery or with the vehicle in question. Nothing incriminating has been recovered from their conscious possession. Proper procedure of search and seizure has not been followed. Moreover, the petitioners are languishing in judicial custody since 19.08.2024. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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
Patna High Court CR. MISC. No.74695 of 2024(2) dt.18-10-2024 3/3 each to the satisfaction of the learned Additional Sessions Judge XIII-cum-Special Judge Excise I, Gopalganj in connection with Mohammadpur P.S. Case No. 189 of 2024.
(S. B. Pd. Singh, J) Nirajkrs/- U T