Patna High CourtCR. MISC./25813/2024bail granted

Md Manzar Alam @ Manzar Alam v. The State Of Bihar

2024-04-04Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25813 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- SIKTI District- Araria ====================================================== Md Manzar Alam @ Manzar Alam Son of Late Masaru R/o Village- Kuchaha, Ward No.-05, P.S.- Sikti, Dist.- Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sikty P.S. Case No. 11 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, two co-accused persons apprehended on the spot and from their possession, total 345 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. He has no concern with the alleged recovery. Neither the petitioner was

Patna High Court CR. MISC. No.25813 of 2024(2) dt.04-04-2024 2/2 arrested on the spot nor any incriminating article has been recovered from his conscious possession. His name surfaced in this case only on the basis of confessional statement of apprehended co-accused persons which has no evidentiary value in the eye of law. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 07.02.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Excise Court -2, Araria in connection with Sikti P.S. Case No. 11 of 2024.

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