Md. Bauwa @ Ajim @ Md. Ajim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16900 of 2021 Arising Out of PS. Case No.-520 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== 1.

Md. Bauwa @ Ajim @ Md. Ajim Son of Noor Mohammad Resident of Village- Dallu Tola, Ward No 18 P.S- Forbesganj Dist- Araria, Bihar 2.

Md. Firoz @ Firoj Son of Md. Amo @ Salim Resident of Village- Dallu Tola, Ward No 18 P.S- Forbesganj, Dist- Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred the instant application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegations in the F.I.R., 54 litres of liquor was recovered from the bushes behind the house of the coaccused Noor Alam. It is further stated that Noor Alam along with these two petitioners are into the business of liquor. It is submitted by learned counsel for the petitioners that the allegations as levelled in the F.I.R. are false and concocted. The so called recovery is from behind the house

Patna High Court CR. MISC. No.16900 of 2021(2) dt.13-08-2021 2/2 of coaccused Noor Alam who has himself been enlarged on anticipatory bail. The petitioners have been falsely implicated in the case because of their criminal antecedents. The petitioners are in custody since 24.9.2020 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioners having remained in custody for more than over 10 months, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Forbesganj P.S. Case no.520 of 2020 (corresponding to Special Case no.540 of 2020) on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Araria.

(Partha Sarthy, J) Bibhash U