Md. Shahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73188 of 2019 Arising Out of PS. Case No.-611 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.

MD. SHAHZAD Son of Md. Samim Resident of Village - Pipalavan, P.S. and P.O.- Naubatpur, District - Patna 2.

Pintu Kumar Son of Vijay Ray Resident of Village - Bochachak, P.S. and P.O.- Phulwari Sharif, District - Patna 3.

Sunil Kumar Son of Ajay Baw @ Ajay Sao Resident of Village - Bochachak, P.S. and P.O.- Phulwari Sharif, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sayed Imran Ghani For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioners who are in custody since 21.9.2019 have filed the instant application for grant of bail in connection with Naubatpur P.S. Case No. 611 of 2019 (District-Patna) registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 200 litres of Mahua wine was recovered from commercial vehicle piaggio of which the petitioner nos. 1 and 2 were the driver and conductor respectively. It is further submitted that 100 litres of Mahua

Patna High Court CR. MISC. No.73188 of 2019(3) dt.04-12-2019 2/2 wine was recovered from the motorcycle being driven by the petitioner no.3 It is submitted by learned counsel for the petitioners that allegations of recovery is false and concocted and nothing as been recovered as alleged in the F.I.R, the petitioners are in custody since 21.09.2019 and have no criminal antecedent.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioners above named be enlarged on bail on furnishing individual bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Naubatpur P.S. Case No. 611 of 2019 (DistrictPatna); Special (Excise) Case No. 8499 of 2019. (Partha Sarthy, J) Bibhash/- U T