Mohamad Aehsan Rai @ Md. Ehsan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72941 of 2024 Arising Out of PS. Case No.-851 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Mohamad Aehsan Rai @ Md. Ehsan Rai W/o- Md. Fakruddin Ray @ Rai Fakarudeen Resident of Village - Bhawrajpur, P.S. - Andar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Siwan PS Case No. 851 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 643.680 liters liquor was recovered from the Scorpio vehicle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is the owner of the vehicle in question. The petitioner is in custody

Patna High Court CR. MISC. No.72941 of 2024(2) dt.04-10-2024 2/2 since 22-08-2024 and has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 15-02-2024, passed in Cr. Misc. No. 8023 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan PS Case No. 851 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T