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Patna High CourtCR. MISC./18421/2017disposed

Nar Hassan @ Mangla Mian @ Noor Hassan @ Noor Alam Mangla v. The State Of Bihar

2017-05-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18421 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================

1. NAR HASSAN @ MANGLA MIAN @ NOOR HASSAN @ NOOR ALAM MANGLA Son of Md. Shivee Mian, Resident of Village- Chhoto Masjid Road, Ward No. 14, Jogbani, P.S.- Jogbani, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 The petitioner is apprehending his arrest in connection with Jogbani P.S. Case No. 09 of 2017, registered for offences punishable under Sections 272 and 273 of Indian Penal Code and Section 30/38 of Bihar Excise Act.

Allegation is of recovery of 72 bottles of Corex Cough Syrup.

It has been submitted on behalf of the petitioner that petitioner has nothing to do with the said recovery and his name transpired in this case only on the basis of confessional statement of co-accused, who stated that petitioner had given him the syrups to handover the same to a person at Biratnagar. Further petitioner has falsely been implicated in this case at the behest of SSB officials as earlier he has lodged a complaint case against the

Patna High Court Cr.Misc. No.18421 of 2017 (2) dt.08-05-2017 2/2 commandant of the SSB.

Heard learned A.P.P. also.

Having heard both sides, in view of the allegation, let petitioner surrender before the court below and make prayer for regular bail and the court below after considering the submission that petitioner's name has transpired in this case only on the basis of confessional statement and also earlier to this case, petitioener has lodged a complaint case against the informant of the present case, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T