Allowed¶20

Md. Gaffar v. The State of Bihar

Patna HC4 Mar 2024CR. MISC./14587/2024

Case brief

AI extract

What is this about?

CRIMINAL MISCELLANEOUS No.14587 of 2024, High Court of Judicature at Patna, decided 04-03-2024 by Rudra Prakash Mishra, J.; bail allowed; Jokihat P.S. Case No. 483 of 2023, District Araria; Section 30(a) Bihar Prohibition and Excise Act, 2016; recovery of 205.875 liter illicit wine; petitioners as driver and cleaner, not vehicle owners; alleged Section 100 Cr.P.C. non-compliance; custody since 17.10.2023; bail bond Rs.10,000/- each with two like sureties.

What did the court decide?

Both petitioners ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jokihat P.S. Case No. 483 of 2023. ¶20

Md. Gaffar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14587 of 2024

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Arising Out of PS. Case No.-483 Year-2023 Thana- JOKIHAT District- Araria

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======================================================

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Md. Gaffar S/o Late Md. Subhan Resident of Village- Baijnathpur (Gamharia), P.S. Sour Bazar, District- Saharsa

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Md. Aslam S/o Md. Safruddin Resident of Village- Baijnathpur (Gamharia), P.S. Sour Bazar, District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nafisu Zzoha, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

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2 04-03-2024

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners seek bail in connection with Jokihat P.S. Case No. 483 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per prosecution case, the police has recovered total 205.875 liter illicit wine from the tempo.

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Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence as alleged against him and has falsely been implicated in the present case due to police mechanism. The petitioner no.1 is the driver of the tempo and the petitioner no.2 is the cleaner and

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Patna High Court CR. MISC. No.14587 of 2024(2) dt.04-03-2024 2/2

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have no concern with the seized illicit foreign liquor. The petitioners are not the owner of the alleged vehicle. The petitioner no.1 has one criminal antecedent in which he is on bail and the petitioner no.2 has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioners are languishing in judicial custody since 17.10.2023.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jokihat P.S. Case No. 483 of 2023.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Md. Gaffar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Gaffar v. The State of Bihar

Case brief

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