Baarik @ Md. Baarik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85366 of 2024 Arising Out of PS. Case No.-952 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== Baarik @ Md. Baarik S/o Md. Kabil Resident of village- Dhuski Tola P.SBaaysi Distt-Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Adv.
For the Opposite Party/s :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2025 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 Excise Sadar P.S. Case No. 952 of 2024 dated 23.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 174 litres of beer was recovered from the Car which was being driven by the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the driver of the seized vehicle. The name of the petitioner has transpired in this case merely on
Patna High Court CR. MISC. No.85366 of 2024(2) dt.15-01-2025 2/2 suspicion. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.09.2024.
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, Purnia in connection with Excise Sadar P.S. Case No. 952 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T