Md Raus v. The State of Bihar

Patna HC19 Feb 2025CR. MISC./8987/2025

Case brief

AI extract

What is this about?

Bail granted; Bihar Prohibition and Excise Act, Sections 30(a) and 32(3); Madya Nishedh P.S. Case No. 1401 of 2024; Special Case No. 1423 of 2024; Excise P.S., District Kishanganj; 246.240 litres foreign liquor recovered from car; petitioner in custody since 22.12.2024; no criminal antecedent; counsel alleged non-compliance of Section 103 B.N.S.S.; bail bonds Rs.10,000/- with two sureties of like amount each; Patna High Court CRIMINAL MISCELLANEOUS No.8987 of 2025; Justice Rudra Prakash Mishra; order dated 19-02-2025.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Madya Nishedh PS Case No. 1401 of 2024 arising out of Special Case No. 1423 of 2024. ¶¶21

Md Raus Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether bail should be granted to the petitioner in connection with Madya Nishedh P.S. Case No. 1401 of 2024 arising out of Special Case No. 1423 of 2024, instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

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Court's answer

Considering the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody undergone by him, this Court is inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner is ordered 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 the Court below/concerned Court, in connection with Madya Nishedh PS Case No. 1401 of 2024 arising out of Special Case No. 1423 of 2024.

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Detailed headnote1 paragraphs

Oral order of the High Court of Judicature at Patna (Rudra Prakash Mishra, J, 19-02-2025) granting bail to Md Raus s/o Md. Mustaque @ Mustak in Madya Nishedh (Excise) P.S. Case No. 1401 of 2024 arising out of Special Case No. 1423 of 2024, District Kishanganj, instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, following recovery of total 246.240 litres of foreign liquor from a car. Counsel submitted that the petitioner was innocent, falsely implicated, that no incriminating material was recovered from his conscious possession, that he was neither owner nor driver of the seized vehicle, that he was in custody since 22.12.2024 with no criminal antecedent, and that there was no compliance of Section 103 of B.N.S.S.; the A.P.P. opposed the prayer. Considering the facts and circumstances, the petitioner's clean antecedent and the period of custody undergone, the Court directed release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8987 of 2025

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Arising Out of PS. Case No.-1401 Year-2024 Thana- Excise P.S. District- Kishanganj

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Md Raus S/O Md. Mustaque @ Mustak R/O Vill.- Boriya, Paschim Tola, ward no.- 13,P.S- Jokihat, District- Araria ... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Md. Shakir Ahmad, APP

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER 2 19-02-2025 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 Madya Nishedh P.S. Case No. 1401 of 2024, arising out of Special Case No. 1423 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and

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Excise Act.

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The prosecution case, in short, is that total 246.240 litres of foreign liquor was recovered from Car.

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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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

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Patna High Court CR. MISC. No.8987 of 2025(2) dt.19-02-2025 2/2

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of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. The petitioner is in custody since 22.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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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 aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madya Nishedh PS Case No. 1401 of 2024 arising out of Special Case No. 1423 of 2024.

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(Rudra Prakash Mishra, J)

Md Raus v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md Raus v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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