Md. Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2982 of 2024 Arising Out of PS. Case No.-669 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Md. Rabbani Son Of Dilser Minya @ Md. Dilser Resident Of Village - Sonai, P.S. - Khirhar, District - Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 767 litres of illicit liquor from a Scorpio vehicle bearing Reg. No. DL-9CL-2266. Petitioner is alleged to be driver of the aforesaid vehicle and was apprehended on spot. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.2982 of 2024(2) dt.06-02-2024 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has no concern in any manner from the alleged recovered illicit liquor. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 27.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Abhinandan Kumar has been granted bail vide order dated 20.12.2023, passed in Cr. Misc. No. 82543 of 2023 by this Court.

In contra, learned A.P.P. appearing for State vehemently opposed the prayer of bail and submitted that petitioner was driver of the vehicle in question and he was apprehended on spot.

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

Patna High Court CR. MISC. No.2982 of 2024(2) dt.06-02-2024 3/3 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 Special Judge I, (Excise Act), Darbhanga in connection with Sadar P.S. Case No. 669 of 2023.

The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T