Mohammad Shamim @ Md. Shamim @ Mohammad Shameen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1604 of 2024 Arising Out of PS. Case No.-339 Year-2023 Thana- BARHARIA District- Siwan ====================================================== 1.

Mohammad Shamim @ Md. Shamim @ Mohammad Shameen Son Of Mohammad Yusuf @ Yusuf Resident Of Village- Ketu (KERTU), P.S.- Jhinjhana, District- Shamli (U.P.) 2.

Mohammad Arif @ Md. Arif @ Arif Son Of Suleman Resident Of VillageKetu (kertu), P.S.- Jhinjhana, District- Shamli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 30(a), 38(i), 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 481.32 litres of illicit Indian made foreign liquor from a truck. The petitioners were apprehended from the spot.

Patna High Court CR. MISC. No.1604 of 2024(2) dt.24-01-2024 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are driver and co-driver of the truck and they were not aware about the illicit liquor being carried out in the truck. The petitioners have no concern with the illicit liquor. The petitioners are languishing in custody since 04.09.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.1604 of 2024(2) dt.24-01-2024 3/3 Special Excise Court No. 1, Siwan in connection with Barharia P.S. Case No. 339 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T