Md. Imran Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88124 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- Ramdas Rai Ka Dera District- Buxar ====================================================== Md. Imran Sah s/o Salim Sah @ Salim Sai R/O- Simri (Dudhi Patti) PSSimri, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ram Das Rai Ka Dera P.S. Case No. 13 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per prosecution case, the police has recovered total 658.8 liters of illicit foreign liquor from two vehicles i.e. the Bolero vehicle bearing Regd. No. BR-01PC-3807 and Scorpio vehicle bearing Regd. No. BR-04M-9597.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as
Patna High Court CR. MISC. No.88124 of 2024(2) dt.08-01-2025 2/3 alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized vehicles or the recovered liquor. The petitioner is the driver of the alleged Scorpio vehicle and had no knowledge of the illicit liquor being kept in the vehicle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.10.2024 without any rhymes or reason.
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. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on
Patna High Court CR. MISC. No.88124 of 2024(2) dt.08-01-2025 3/3 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 Ram Das Rai Ka Dera P.S. Case No. 13 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T