Allowed¶24

Abdul Rahim v. The State of Bihar

Patna HC19 Mar 2024CR. MISC./21581/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 21581 of 2024, decided 19-03-2024 by Justice Rudra Prakash Mishra. Regular bail application in S.T. No. 1514 of 2023 / Jadia P.S. Case No. 300 of 2023 (District Supaul) under Sections 467, 468, 471, 420, 34 IPC and Section 30(a) Bihar Prohibition and Excise Act; liquor recovery case (226.500 litres); custody since 11.12.2023; parity with co-accused bail order dated 17.02.2024 in Cr. Misc. No. 8758 of 2024; Section 100 Cr.P.C. non-compliance urged; bail allowed with Rs. 10,000/- bonds and two sureties.

What did the court decide?

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with S.T. No. 1514 of 2023, arising out of Jadia P.S. Case No. 300 of 2023. ¶24

Abdul Rahim Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21581 of 2024

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Arising Out of PS. Case No.-300 Year-2023 Thana- JADIA District- Supaul

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Abdul Rahim Son Of Shekh Jumman R/O-Tatanagar, P.S.-jugsalai, Distt.Purvi (East) Singhbhum, State-Jharkhand

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Gaurav Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, 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 19-03-2024

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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 connection with S.T. No. 1514 of 2023, arising out of Jadia P.S. Case No. 300 of 2023, instituted for the offences punishable under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 226.500 liters liquor was recovered from vehicle and the petitioner was apprehended on spot.

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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

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Patna High Court CR. MISC. No.21581 of 2024(2) dt.19-03-2024 2/2

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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 neither owner nor driver of the seized vehicle. The petitioner is in custody since 11.12.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 8758 of 2024. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed 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 S.T. No. 1514 of 2023, arising out of Jadia P.S. Case No. 300 of 2023.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Abdul Rahim v. The State of Bihar

Case brief

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Abdul Rahim v. The State of Bihar

Case brief

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