Md. Wakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89375 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- DHANKUND District- Banka ====================================================== Md. Wakil S/O Md. Salim Resident of village- ward 2, Kheshrahiya, Singhora, Muzurg, singhora, District- vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Dhankund P.S. Case No. 26 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. .
3. The prosecution case, in short, is that total 5097.5 litres of illicit liquor was recovered from Truck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner is neither the owner
Patna High Court CR. MISC. No.89375 of 2024(2) dt.10-01-2025 2/2 nor the driver of the seized vehicle. The petitioner has no criminal antecedent. There is no compliance of Section 100 Cr.P.C.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhankund P.S. Case No. 26 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Ranjan/- U T