Patna High CourtCR. MISC./20963/2023bail granted

Md. Javed Jabbar @ Kafil v. The State Of Bihar

2023-05-10Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20963 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Javed Jabbar @ Kafil S/O- Javed Jama Tasalim @ Md. Jawaid Jama Tasaneen Village- Gadhi gali ward no-23, Ps- Samastipur muffasil DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Excise G.R. No. 90/2023 arising out of Samastipur (Town) P.S. Case No. 30 of 2023 dated 03.02.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 360 ml of country made foreign liquor and the same is stated to have been recovered from the possession of this petitioner but the said recovery has wrongly been shown from the possession of this petitioner, though against the petitioner

Patna High Court CR. MISC. No.20963 of 2023(2) dt.10-05-2023 2/2 there are criminal antecedents of two cases, out of which, in one case he is on bail and the second case was disposed of. Further submissions are that in the present matter, he has been languishing in jail since 04.02.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the above submissions and mainly the completion of the investigation against the petitioner and the quantity of the alleged wine, which is stated to have been recovered from the possession of this petitioner, 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 Court concerned in connection with Excise G.R. No. 90/2023 arising out of Samastipur (Town) P.S. Case No. 30 of 2023.

(Shailendra Singh, J) annu/- U T