Sohail Khan @ Suhel Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88205 of 2024 Arising Out of PS. Case No.-646 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Sohail Khan @ Suhel Khan Son of Abdul Said @ Abdul Sayed Khan Resident of Village - Chilmapur (Rustampur), P.S. - Khorabar, District - Gorakhpur (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Ms. Asha Kumari, 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 Siwan Excise P.S. Case No. 646 of 2024 instituted for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 266.250 litres of liquor has been recovered from car.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.88205 of 2024(2) dt.08-01-2025 2/2 submitted that petitioner is only the driver of the vehicle in question and had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 23.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on 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 Siwan Excise P.S. Case No. 646 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T