Patna High CourtCR. MISC./19985/2020bail granted

Barmeshwar Bind v. The State Of Bihar

2020-07-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19985 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== Barmeshwar Bind, Son of Jawahar Bind, Resident of Village-Diyan, P.S.- Krishnabraham, District - Buxar.

... ... Petitioner

Versus

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

For the Petitioner :

Md. Harun Quareshi, Advocate For the Opposite Party :

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. The petitioner seeks bail in connection with CIS 457 of 2020 arising out of Brahampur P.S. Case No.177 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

As per prosecution case, on secret information, the police party tried to intercept two boys, who were coming on motorcycle but, they fled away. However, with the help of police, one of the miscreants was arrested and the police recovered 20.520 liter of foreign liquor from his possession. He confessed before the police that the liquor was brought from the house of the petitioner.

Learned counsel for the petitioner submitted that the name of the petitioner has transpired merely on confessional

Patna High Court CR. MISC. No.19985 of 2020(2) dt.06-07-2020 2/2 statement of co-accused Bablu Razak, except that, there is no other material to connect the petitioner with the offence alleged. He contended that for no fault on the part of the petitioner, he is in custody since 23.04.2020.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. Considering the nature of allegation and the submissions made above, the petitioner is directed to 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 Judge-IIcum-Special Judge (Excise), Buxar in connection with Brahampur P.S. Case No.177 of 2020.

(Ashwani Kumar Singh, J.) Sanjeet/- U T