Murad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86282 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Murad Ali S/O Habib Ali R/O Rampur, P.S- Vijaipur, Distt.- Gopalgnaj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepankar Raj, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Vijaipur PS Case No. 217 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 140 liters country made liquor was recovered, out of which 70 litres was recovered from motorcycle and 70 litres from the side of road near bridge.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner has no
Patna High Court CR. MISC. No.86282 of 2024(2) dt.18-12-2024 2/2 concern with the motorcycle in question. The petitioner is in custody since 06-10-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vijaipur PS Case No. 217 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T