Patna High CourtCR. MISC./87333/2024bail granted

Mumtaz Mansoori v. The State Of Bihar

2025-02-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87333 of 2024 Arising Out of PS. Case No.-638 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Mumtaz Mansoori S/o Basir Mansoori Resident of Village- Baikunth Chhapar, P.s.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 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 Siwan Excise P.S. Case No. 638 of 2024 dated 13.11.2024 arising out of Siwan Excise registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 518 litres of illicit foreign liquor was recovered from the dickey and middle seat of the Scorpio vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. The

Patna High Court CR. MISC. No.87333 of 2024(2) dt.05-02-2025 2/2 petitioner is only the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.10.2024.

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, Siwan in connection with Siwan Excise P.S. Case No. 638 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T