Patna High CourtCR. MISC./4097/2024allowed

Saddam @ Md. Saddam @ Saddam Shekh @ Sadam v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4097 of 2024 Arising Out of PS. Case No.-274 Year-2022 Thana- BELHAR District- Banka ====================================================== Saddam @ Md. Saddam @ Saddam Shekh @ Sadam Son Of Md. Nijam @ Tugara Miya Resident Of Village- Gorgaon/ Gorganwan, Ps- Belhar, DisttBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 187 litres of illicit country made liquor from the bushes near the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.4097 of 2024(2) dt.06-02-2024 2/2 petitioner has no concern with the seized illicit liquor. The petitioner is languishing in custody since 29.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd, Banka in connection with Special Excise No. 689 of 2022, arising out of Belhar P.S. Case No. 274 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T