Binda Bin @ Binda Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19843 of 2023 Arising Out of PS. Case No.-868 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== BINDA BIN @ BINDA BIND Son Of Gharwar Bind Resident Of VillageBind Toli, Ps- Ara Nagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Ara Town P.S. Case No. 868 of 2022, dated 28.09.2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 300 litres of country-made illicit mahua wine but the petitioner was not apprehended at the spot and his name was revealed by apprehended co-accused Phiroj Alam, who has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 8940 of 2023 and petitioner's case stands on better footing from him and petitioner is neither the owner nor the
Patna High Court CR. MISC. No.19843 of 2023(2) dt.10-05-2023 2/2 driver of the alleged tempo and he has been languishing in jail since 10.01.2023 having fair and clean antecedent and against him investigation has been completed.
4. Learned APP appearing for the State opposes the prayer for bail.
5. Considering the above submissions and mainly completion of investigation against the petitioner, his fair and clean antecedent and also the facts that he was not apprehended at the spot and his name was disclosed by co-accused who is on bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Ara Town P.S. Case No. 868 of 2022.
(Shailendra Singh, J) maynaz/- U T