Md Mahboob Alam @ Mahbub Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35402 of 2021 Arising Out of PS. Case No.-566 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== MD MAHBOOB ALAM @ MAHBUB ALAM Son of Md. Gulab Resident of village - Daulatpur, P.S. - Baisi, District - Purnia. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Spl. Case No. 110/2020 arising out of Narpatganj P.S.Case No. 566/2020, registered for the offence punishable under Section 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 2439 liters of illicit liquor from a truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.35402 of 2021(2) dt.14-12-2021 2/3 having a clean antecedent and he is languishing in custody since 24.12.2020. The learned counsel for the petitioner has further submitted that admittedly, the petitioner is the cleaner of the truck in question and he was not knowing about the consignment, which had been loaded on the truck.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions

Patna High Court CR. MISC. No.35402 of 2021(2) dt.14-12-2021 3/3 Judge cum Spl. Judge (Excise) Araria in connection with Spl. Case No. 1110/2020 arising out of Narpatganj P.S.Case No. 566 of 2020.

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