Md. Abdula v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75327 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== Md. Abdula S/O Sukh Mohammad R/O Village- Supaul, P.S- Supaul, Distt.- Supaul.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 185.25 litres of IMFL from a car bearing Reg. No. WB-06-3434. Petitioner was driver of the aforesaid car and he was apprehended on spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been

Patna High Court CR. MISC. No.75327 of 2023(2) dt.29-11-2023 2/3 recovered from the conscious possession of the petitioner. Moreover, petitioner is languishing in judicial custody since 8.9.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing on behalf of State vehemently opposed the prayer of bail and submitted that petitioner was driver of the vehicle from which huge amount of liquor has been recovered. 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) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Session Judge II, Banka in connection with Bandhua Kuraba P.S. Case No. 81 of 2023.

The petitioner is directed to deposit a sum of

Patna High Court CR. MISC. No.75327 of 2023(2) dt.29-11-2023 3/3 Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T