Patna High CourtCR. MISC./82526/2023allowed

Md. Safique v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82526 of 2023 Arising Out of PS. Case No.-800 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== MD. SAFIQUE SON OF LATE MAHBUB ALAM RESIDENT OF VILLAGE- GULABBAGH, ZERO MILE, P.S.- SADAR, DISTRICTPURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution case relates to recovery of 83 liters of illicit foreign liquor from a tempo bearing Registration no. BR11GD-3322 and the petitioner is said to have been apprehended on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. The petitioner

Patna High Court CR. MISC. No.82526 of 2023(2) dt.20-12-2023 2/2 is only driver of the seized vehicle and owner of the vehicle has also been made an accused in this case. The petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 23.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 released on bail in connection with Sadar P.S. Case No. 800 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U T