Sameer Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87715 of 2024 Arising Out of PS. Case No.-460 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Sameer Khan Son of Mahamad Hamid Resident of Mohala House No. H4772, P.S.- Jahangirpuri, Distt.- New Delhi 2.

Chandrashekhar Son of Radheshyam Resident of Mohala- House No. 1875, Mahendra Park, P.S.- Samaypur Badali, Distt.- New Delhi 3.

Abhinay Kumar Son of Wakil Singh Resident of Mohala Badali, P.S.- Samaypur Badali, Distt.- New Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 5139008240460 (460) of 2024 dated 29.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 271.5 litres of illicit foreign liquor was recovered from the two cars.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioner nos. 1 and 3 are the driver and

Patna High Court CR. MISC. No.87715 of 2024(2) dt.06-02-2025 2/2 the petitioner no. 2 is the passenger of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.10.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 5139008240460 (460) of 2024 with the condition :-

1. One of the bailors must be a local resident within the jurisdiction of the learned concerned court.

7. The application stands allowed.

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