Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35396 of 2021 Arising Out of PS. Case No.-433 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== ALLAUDDIN S/O MD. SAMSAD R/O HOUSE NO.195, VILLAGEDINGARPUR BILANI, P.S-NAINATHAIR, DISTRICT-MURADABAD (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan 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 Minapur P.S.Case No. 433/2020, registered for the offence punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Act. The allegation is regarding recovery of 2097 liters of illicit liquor from a truck and the persons arrested from the spot disclosed the name of the petitioner to be one of their accomplice.

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.35396 of 2021(2) dt.14-12-2021 2/2 having a clean antecedent and he is languishing in custody since 16.3.2021.

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 Special Judge, Excise Act, Muzaffarpur in connection with Minapur P.S.Case No. 433/2020.

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