Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74078 of 2022 Arising Out of PS. Case No.-352 Year-2022 Thana- RANIGANJ District- Araria ====================================================== DILSHAD Son of Md. Nurul @ Nur Mohammad R/V- and P.O- Pachira Ward no. 6, P.S- Raniganj, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Raniganj P.S. Case No. 352 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and the petitioner was apprehended while he was sitting in the said truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.74078 of 2022(2) dt.10-02-2023 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 18.10.2022. The learned counsel for the petitioner has referred to paragraph no. 9 of the present petition to submit that the petitioner had taken a lift in the said truck and admittedly, he is neither the owner nor the driver of the truck in question, hence, he is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.74078 of 2022(2) dt.10-02-2023 3/3 two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Araria in connection with Raniganj P.S. Case No. 352 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T