Md. Ekram @ Md. Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29041 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- TETERHAT District- Lakhisarai ====================================================== MD. EKRAM @ MD. AKRAM S/O- Md. Ashraf R/O Village And P.STetarhat, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Tetarhat P.S. Case No. 21 of 2023, dated 05.03.2023 registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that as per allegation, petitioner and co-accused persons were found in intoxicated condition and 30 litres of country-made illicit wine was recovered from different places but the petitioner has no concern with any of these places and as per seizure list, 5 litres of said wine is stated to have been recovered from house of Amirak Manjhi and rest 25 litres of said wine is stated to have been recovered from the field of one namely, Vishundev Yadav and both the said places do not

Patna High Court CR. MISC. No.29041 of 2023(2) dt.18-05-2023 2/2 belong to this petitioner and accordingly there is a simple allegation of having consumed alcohol by this petitioner and he has been languishing in jail since 06.03.2023 and against him the investigation has been completed. Further submission is that against the petitioner there is criminal antecedent of one case in which he is on bail.

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

5. 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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Tetarhat P.S. Case No. 21 of 2023.

(Shailendra Singh, J.) maynaz/- U T