Patna High CourtCR. MISC./74108/2023allowed

Md. Nazim Sah @ Nazim Sah v. The State Of Bihar

2023-11-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74108 of 2023 Arising Out of PS. Case No.-351 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== MD. NAZIM SAH @ NAZIM SAH son of Late Md. Nasim Sah @ Nasim Sah Village- Dihi Ps- Akbarpur Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner apprehends arrest in connection with Akbarpur P.S. Case No. 351 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the alleged recovery made from two motorcycles bearing Registration Nos. BR02AK-5129 and BR01BN-3044 does not belong to the petitioner and that the petitioner is neither the owner nor the driver of the aforesaid two vehicles. Petitioner has no criminal antecedent.

4. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.74108 of 2023(2) dt.28-11-2023 2/2 and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of learned Exclusive Special Excise Judge 1st, Nawada in connection with Akbarpur P.S. Case No. 351 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

5. This application stands allowed.

(Arvind Srivastava, J) tusharika/- U T