Patna High CourtCR. MISC./79407/2023allowed

Md. Mujib Ansari v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79407 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== Md. Mujib Ansari Son Of Late Md. Rajjul Ansari R/O Village- Balamnwa, P.S.- Pipratand, District- Palamu (Daltenganj), (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 159 litres of IMFL from from a white color Zylo car and petitioner was apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. He was simply driving the car on the instruction of the owner without any knowledge of consignment kept inside the vehicle.

Patna High Court CR. MISC. No.79407 of 2023(2) dt.11-12-2023 2/2 Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 12.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V-cum-Special Excise Judge, Biharsharif, Nalanda in connection with Ekangarsarai P.S. Case No. 194 of 2023.

(Sunil Kumar Panwar, J) sushma2203/- U