Md. Isteyaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81345 of 2024 Arising Out of PS. Case No.-555 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Md. Isteyaque S/O Jhingan @ Manir Sah Resident Of Village - Siswa Sahbad Tola, Ward No 16, P.S- Turkaulia, Dist - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar Chaubey, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Town PS Case No. 555 of 2024 instituted for the offences under Sections 317(5), 3(5) of BNS and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 180 ml liquor was recovered from stolen motorcycle and one Scorpio vehicle was also recovered in this case.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor or the motorcycle

Patna High Court CR. MISC. No.81345 of 2024(2) dt.21-11-2024 2/2 or the Scorpio in question. It is submitted that the name of the petitioner has transpired on the confessional statement of coaccused Sohrab Alam which has no evidentiary value. The Scorpio vehicle was not recovered in presence of petitioner. The petitioner is in custody since 04.09.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 11.11.2024 in Cr. Misc. No. 78793 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town PS Case No. 555 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T