Najeer Ahmad @ Lal Babu v. The State Of Bihar

Patna High Court Cr.Misc. No.49385 of 2018 (02) dt.10-08-2018 - 1 -

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49385 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -JALE District- DARBHANGA ====================================================== Najeer Ahmad @ Lal Babu, S/o. Mohd. Islam, R/o. Village- Reodha, P.S.- Jalley, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Mishra For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 188, 186, 353, 419 and 420 of the Indian Penal Code and Sections 37 (a), 37(b), 37(c), 38 and 45of the Bihar Prohibition and Excise Act, 2016.

Four persons are said to be indulged in brawl. Out of the aforesaid, three managed to escape while petitioner was apprehended in inebriated condition and from the possession of the petitioner, voter list and laptop etc. were recovered. On interrogation by the police, he divulged that he makes the Aadhar Card of the people.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court Cr.Misc. No.49385 of 2018 (02) dt.10-08-2018 - 2 - physical possession of the petitioner. He has been falsely implicated in this case at the instance of his enemy. He had not consumed liquor. He happens to be a teetotaller. He had not made any disclosure regarding preparation of the Aadhar Card and no Aadhar Card was seized from his possession. He had kept the voter list in his pocket as he happens to be a political worker. Though a case under Section 498-A of the Indian Penal Code has been lodged against the petitioner but he is on bail in the said case and the said case has already been compromised. He has been languishing in custody since 29.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 learned 4th Additional Sessions Judge-cum-Special Judge Excise Act, Darbhanga in connection with Jalley P.S. Case No. 99 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T