Patna High CourtCR. MISC./80167/2024bail granted

Md. Bitu @ Md. Bittu v. The State Of Bihar

2024-12-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80167 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Md. Bitu @ Md. Bittu S/o- Md. Swaif @ Md. Shoyab @ Md. Shawaif @ Shoaib Resident of Village- Raysingha, Raysinha, P.S.- Muffasil, DistrictEast Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 157 of 2024 dated 05.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 30 litres of illicit country made liquor was recovered from a plastic sack kept between the co-accused and the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case merely on suspicion. The petitioner is not the owner of the said vehicle and he has no concern with the alleged recovery. The

Patna High Court CR. MISC. No.80167 of 2024(2) dt.13-12-2024 2/2 name of the petitioner has sprung up in the confessional statement of the co-accused, Sharma Paswan. The other coaccused person has already been granted bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 36492/2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Muffasil P.S. Case No. 157 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T