Patna High CourtCR. MISC./11169/2024bail granted

Md. Parvej Alam @ Bauna v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11169 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Md. Parvej Alam @ Bauna S/o Md. Islam @ Isalam R/o Vill - Gundi, P.S. - Barhara (Krishnagarh O.P.), Dist. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 527 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, the police has recovered altogether 160 liters country made Mahuwa liquor from the orchard near Prahans Baba Ke Kutiya situated in the village Gundi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.11169 of 2024(2) dt.22-02-2024 2/3 the present case. The petitioner was not apprehended at the spot rather his name has surfaced in this case on the identification done by local Chowkidar who was having previous enmity with the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 25.11.2023. 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 and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.11169 of 2024(2) dt.22-02-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 527 of 2023. (Rudra Prakash Mishra, J) rishi/- U T