Farukh Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81805 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Farukh Khan Son Of Hamid @ Abdul Hamid @ Md. Hamid Khan R/O House No. 100, Village Nakhrola, P.S. Sadar Nuh, Arjun Nagar, District Gurgaon, Haryana, R/O Near Balaji Petrol Pump, Ward No. 8, Nuh, Mewat Nuh Haryana, 122107 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition & Excise Act.
There is recovery of 2540.520 litres of illicit Indian made foreign liquor from a truck.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.81805 of 2023(2) dt.20-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up since he was the registered owner of the seized truck. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge about the illicit liquor being carried out in the truck registered in his name. The petitioner is languishing in custody since 29.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like
Patna High Court CR. MISC. No.81805 of 2023(2) dt.20-12-2023 3/3 amount each to the satisfaction of learned Special Judge, Excise-III, Patna in connection with Patna Excise P.S. Case No. 55 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T