Md. Ikram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23963 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- DHAMDAHA District- Purnia ====================================================== MD. IKRAM Son of Md. Yaquab @ Yaquab Resident of Sakin- Dhokwa, P.S.- Dhamdaha, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Dhamdaha Police Station Case No. 29 of 2020, registered for the offence punishable under Section 30 (c) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police got information that one person was creating nuisance in intoxicated state on the gate of block office at Dhamdaha. The police arrived at the place of occurrence and arrested the petitioner in drunken condition.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence and has falsely been

Patna High Court CR. MISC. No.23963 of 2020(2) dt.18-09-2020 2/2 implicated in this case with oblique motive. He further submits that the lab report of the state of intoxication of the petitioner was not prepared in the manner prescribed under the Rules and the petitioner is in custody since 09.02.2020. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody for about six months, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II -cumSpecial Judge, Excise, Purnea, in connection with Dhamdaha Police Station Case No. 29 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √