Md. Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79831 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- PRANPUR District- Katihar ====================================================== MD. SAHIL SON OF MD. JULFKAR R/O ISLAMPUR, WARD NO. 46, P.S.- NAGAR, DIST.-KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Pranpur (Roshna) P.S. Case No. 189/2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, during course of vehicle checking, 20.775 litre foreign liquor was recovered from toto vehicle in question which was being driven by the petitioner and he apprehended on spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. It is further submitted that merely on basis of suspicion, petitioner has falsely been implicated in this present

Patna High Court CR. MISC. No.79831 of 2023(2) dt.19-12-2023 2/3 case. Except suspicion, there is nothing on record to connect the petitioner with the alleged occurrence. Learned counsel orally submits that the vehicle in question belongs to father of the petitioner. Petitioner has no knowledge about the alleged liquor kept in the said vehicle. No incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that seizure list has not been made as per law. Petitioner is in custody since 27.09.2023. Petitioner bears no criminal antecedent.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Exclusive Excise Court No-2, Katihar in connection with Pranpur (Roshna) P.S. Case No. 189/2023 , subject to the following conditions:-

Patna High Court CR. MISC. No.79831 of 2023(2) dt.19-12-2023 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T