Mujibar Rahman @ Mujiwar Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84004 of 2024 Arising Out of PS. Case No.-445 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Mujibar Rahman @ Mujiwar Rahman, Son of Late Ali Hasan, R/o Mansoor colony, 62 Phuta Road, Matalab Masjid, Saharanpur Kutubser, P.S.- Mandi Dist.- Saharanpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with Brahmpur P.S. Case No.445 of 2024 registered for the offence punishable under Sections 30(a), 32(1), 32(2) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act and Section 61(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. The case of the prosecution is that altogether 5319 liters of foreign liquor was recovered from a truck.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.84004 of 2024(4) dt.18-03-2025 2/2 case. He is the driver of the truck. He is not the owner of the truck. He has no concern with the alleged recovery of liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 09.10.2024.
5. The application for bail is opposed by learned APP for the State.
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 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 Exclusive Excise Special Judge, Court No.2, Buxar in connection with Brahmpur P.S. Case No. 445 of 2024. (Ashok Kumar Pandey, J) lata/- U T