Patna High CourtCR. MISC./1510/2025bail granted

Md Ashif v. The State Of Bihar

2025-01-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1510 of 2025 Arising Out of PS. Case No.-1139 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Md Ashif Son of Late Sadre Alam @ Md. Sadre Resident of VillageSaraunja, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jamui Prohibition P.S. case No. (JAM) 1139/24 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 378 liters liquor was recovered from tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is said to be driver of the

Patna High Court CR. MISC. No.1510 of 2025(2) dt.21-01-2025 2/2 tempo in question. The petitioner had no knowledge regarding the nature of goods kept in vehicle. The petitioner is in custody since 24.10.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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 Jamui Prohibition P.S. case No. (JAM) 1139/24.

(Rudra Prakash Mishra, J) Pankaj/- U T