Anish Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75354 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Anish Ahmad son of Md. Mateen Village- Dingarpur PS -Mainather Dist -Moradaba UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Motipur PS Case No. 276 of 2023 instituted for the offences under Sections 30(a), 31, 32(i)(ii), 36,41(i)(ii) of the Bihar Prohibition and Excise Amendment Act 2018.

3.

The prosecution case, in short, is that total 516.750 liters of foreign liquor was recovered from the truck. 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. The petitioner is

Patna High Court CR. MISC. No.75354 of 2024(2) dt.25-10-2024 2/2 the driver of the vehicle in question. The petitioner is in custody since 16.07.2024 and having no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. The other co-accused has been granted bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 8584 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, clean antecedent of the petitioner 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 learned Special Judge (Excise) Court No.-II, Muzaffarpur in connection with Motipur PS Case No. 276 of 2023.

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