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Patna High CourtCR. MISC./29629/2021bail granted

Imran Alam v. The State Of Bihar

2021-12-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29629 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== IMRAN ALAM S/o Md. Rahman R/o village- Papraur, P.S.- Barauni (Zero Mile O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard.

The petitioner seeks regular bail in connection with Mufassil P.S. Case No. 109 of 2021 for the offence punishable under Sections 120(B) of the Indian Penal Code and Sectopm 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 45 litres of illicit liquor from the field of one Bimal Kumar and the petitioner is stated to have been arrested from the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 18.02.2021. Per contra, Ms. Anita Kumari Singh, the

Patna High Court CR. MISC. No.29629 of 2021(2) dt.09-12-2021 2/2 learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the field from where the illicit liquor has been recovered, does not belong to the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IIcum- Special Judge, Excise Act, Begusarai in connection with Mufassil P.S. Case No. 109 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T