Samsuddin @ Samsuddin Miya @ Samsoddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.636 of 2025 Arising Out of PS. Case No.-332 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Samsuddin @ Samsuddin Miya @ Samsoddin Son of Late Manzoor Miya Resident of Ward No. 14, Near Masjid Narirgir, Village - Amodei, P.S. - Ramgarhwa, District - East Champaran, Motihari 2.

Shaukt Ali @ Shaukat Miyan Son of Samsuddin Miya Resident of Ward No. 14, Near Masjid Narirgir, Village - Amodei, P.S. - Ramgarhwa, District - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shahrukh Shiddiqui, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered under Sections 441, 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 9.6 liters illicit liquor has been recovered from the bag near the tea shop and one motorcycle was also seized.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case merely on suspicion. Further

Patna High Court CR. MISC. No.636 of 2025(2) dt.06-02-2025 2/2 submission is that petitioners are neither the owner nor the driver of the seized vehicle. Petitioners have got no concern with the alleged liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have got no criminal antecedent.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Motihari, East Champaran, in connection with Ramgarhwa P.S. Case No. 332 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T