Patna High CourtCR. MISC./10432/2018bail granted

Ekramul Haque v. The State Of Bihar

2018-02-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10432 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Ekramul Haque, S/o Md. Yunus Hussain @ Md. Yunus, R/o VillageDharm Parsa, P.S.- Manjhagarh, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 25.12.2017 in a case for the offence registered under Sections 413, 414/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 81.420 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 81.420 liters wine is recovered from

Patna High Court Cr.Misc. No.10432 of 2018 (2) dt.22-02-2018 2/2 different places. As far as petitioner is concerned, no liquor is said to have been recovered from his conscious or unconscious possession. The name of the petitioner has come as the petitioner was fleeing away when the recovery was going to be made in the cock shop of co-accused Imamul Haque. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Additional Sessions Judge-II-cum-Special Judge, Gopalganj, in connection with Manjhagarh P.S. Case No. 293 of 2017.

U.K./- (Sudhir Singh, J) U T