Patna High CourtCR. MISC./28625/2021bail granted

Mubarak Hussain @ Mobarok Hossain v. The State Of Bihar

2021-11-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28625 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Mubarak Hussain @ Mobarok Hossain Son of Altab Ali Resident of VillageUttar Rampur, P.S.- Chakulia, District- Uttar Dinajpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 334 of 2020 arising out of Kochadhaman P.S. Case No. 281 of 2020 instituted for the offences under Sections 30(a), 35, 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 15.01.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of 798.9 litres of foreign liquor from a pick-up van. It is further submitted that the petitioner was not present at the time of search and it was the apprehended accused

Patna High Court CR. MISC. No.28625 of 2021(2) dt.23-11-2021 2/2 who disclosed that the liqour was sold to them by the petitioner. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.01.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judgecum-Special Judge (Excise), Kishanganj in connection with Special Case No. 334 of 2020 arising out of Kochadhaman P.S. Case No. 281 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T