Mainuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6235 of 2024 Arising Out of PS. Case No.-505 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Mainuddin Ansari Son of Neyaj Ansari R/o vill - Semari Bhawanipur, P.s. - Yogapatti (Nawalpur O.P.), Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Adv.

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Yogapatti P.S. Case No. 505 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered 95.04 liter illegal liquor from the vehicle bearing Registration No. BR01PN0840.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner or from his motorcycle.

Patna High Court CR. MISC. No.6235 of 2024(2) dt.12-02-2024 2/2 He further submits that the petitioner was apprehended by the police only on the basis of suspicion that he was working as a liner. The petitioner has no concern at all with the recovered article. He further submits that actually the petitioner was returning from the market when he was intercepted by the police. On demand, he showed the paper of ownership which was in the name of his father and he was apprehended by the police. The petitioner has no criminal antecedent and is in custody since 05.11.2023. The charge-sheet has been submitted in this case.

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

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioner, abovenamed, 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 Yogapatti P.S. case No. 505 of 2023. (Rudra Prakash Mishra, J) rishi/- U T