Patna High CourtCR. MISC./70970/2022allowed

Md. Samir @ Md. Sameer v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70970 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Md. Samir @ Md. Sameer Son Of Late Md. Mumtaz Resident Of VillageMadudabad, P.S.- Mohiuddin Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a)/34 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 300 litres of country made liquor from a Bolero vehicle bearing Registration No. BR-09H-0198.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the

Patna High Court CR. MISC. No.70970 of 2022(2) dt.06-01-2023 2/2 petitioner sprang up in this case merely on the basis of suspicion as he was a passenger in the vehicle in question. He is languishing in judicial custody since 03.08.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court II, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 176 of 2021.

(Sunil Kumar Panwar, J) nirajkrs/- U T