Patna High CourtCR. MISC./24795/2024bail granted

Ataur Rahman v. The State Of Bihar

2024-03-28Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24795 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Ataur Rahman Son Of Late Fasjul Rahaman @ Fazlu Rahman Resident Of Village- Maulaganj, Po- Lalbagh, Ps- Laheriasarai, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Laheriasarai P.S Case No. 96 of 2024 registered for the offences punishable under Sections 30(a), 37 of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, total 600 ml illicit liquor was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.24795 of 2024(2) dt.28-03-2024 2/2 On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 18.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing personal bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Laheriasarai P.S Case No. 96 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U T