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Md. Saheb Husain @ Saheb Hussain v. The State of Bihar

Patna HC11 Mar 2024CR. MISC./17523/2024

Case brief

AI extract

What is this about?

Bail application under the Bihar Prohibition and Excise Act after recovery of 189.360 litres of liquor from a car; petitioner claimed to be only the driver. Considering custody period since 15.12.2023 and absence of criminal antecedents, the Patna High Court granted bail on furnishing bail bonds with two sureties.

What did the court decide?

Petitioner released on bail on bail bonds of Rs. 10,000 with two sureties of like amount each to the satisfaction of the court below.

Md. Saheb Husain @ Saheb Hussain Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17523 of 2024

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Arising Out of PS. Case No.-1072 Year-2023 Thana- Excise P.S. District- Siwan

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

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Md. Saheb Husain @ Saheb Hussain Son of Manir Miyan Resident of Village- Sultanpur, P.S.- Andar, District- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Suman Kumari Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 11-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in Siwan Excise P.S. Case No. 1072 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 189.360 liters liquor was recovered from car and the petitioner was apprehended on spot.

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Learned counsel for the petitioner submits that the petitioner 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

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Patna High Court CR. MISC. No.17523 of 2024(2) dt.11-03-2024 2/2

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petitioner is driver of the seized vehicle and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 15.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed

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the prayer for grant of bail to the petitioner.

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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.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees 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. 1072 of 2023.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

Md. Saheb Husain @ Saheb Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Saheb Husain @ Saheb Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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