Ajaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79699 of 2024 Arising Out of PS. Case No.-730 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Ajaz Khan Son of Salahuddin Khan R/O Village- Akhini, P.S.- Nuwon, Dist.- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Prohibition and Excise P.S. (Bhabhua) Case No. 730 of 2024 instituted for the offences under Sections 30(a), 32(1) & (3), 41(1) & 2 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 95.040 litres of foreign liquor was recovered from Car.

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. It is submitted that the name of the petitioner has transpired as being owner of

Patna High Court CR. MISC. No.79699 of 2024(2) dt.13-11-2024 2/2 the vehicle and he has no knowledge regarding the goods kept in the vehicle in question. The petitioner is in custody since 19.09.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 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 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 Prohibition and Excise P.S. (Bhabhua) Case No. 730 of 2024. (Rudra Prakash Mishra, J) Raj Ranjan/- U T