Patna High CourtCR. MISC./12760/2022bail granted

Nauman @ Md Noman @ Numan v. The State Of Bihar

2022-03-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12760 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- JOKIHAT District- Araria ====================================================== Nauman @ Md Noman @ Numan, Son of Md. Kafil, Resident of VillageGayaspur Ward No.02, Main Ram Nagar, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Jokihat P.S. Case No. 21 of 2021, giving rise to Special Case No. 58 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.11.2021, charge-sheet has been submitted and has antecedent of one case and allegation is of recovery of 159 litres of liquor from an Auto Rickshaw. Learned counsel for the petitioner submits that petitioner was not arrested on the spot and has been falsely implicated in the present case. His name has been transpired on the basis of confessional statement of co-accused Md. Akbar Ali @ Mitthu which has no evidentiary value. Petitioner is the driver of the said vehicle.

Patna High Court CR. MISC. No.12760 of 2022(2) dt.21-03-2022 2/2 Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and was not arrested on the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Araria in connection with Jokihat P.S. Case No. 21 of 2021, giving rise to Special Case No. 58 of 2021.

(Satyavrat Verma, J) khushbu/- U T