Patna High CourtCR. MISC./81667/2024bail granted

Md Vashir v. The State Of Bihar

2024-12-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81667 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Md Vashir Son of Md. Jabbar Resident of Village- Milki Belwara, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 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 Gaighat P.S. Case No. 197 of 2024 dated 05.08.2024 registered for the offences punishable u/ss 317(2) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 341.25 litres of illicit foreign liquor was recovered from the truck of the coaccused, Naresh @ Narendra Kumar and total 16.74 litres of illicit foreign liquor was recovered from the motorcycle. The petitioner and the co-accused persons were apprehended and they disclosed their name as Md. Vashir (petitioner), Mukesh Sahni and Sujeet Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.81667 of 2024(2) dt.04-12-2024 2/2 case. The name of the petitioner was disclosed by the co-accused, Sunil Kumar Singh. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The coaccused person has already been granted regular bail by this court vide order dated 18.10.2024 passed in Cr. Misc. No. 74423 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2024.

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, Muzaffarpur in connection with Gaighat P.S. Case No. 197 of 2024.

7. The application stands allowed.

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