Patna High CourtCR. MISC./33331/2024bail granted

Md. Kare Ali @ Kare Ali v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33331 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Md. Kare Ali @ Kare Ali Son Of Md. Abbas Resident Of Village - Ward No.11 Fanan, Police Station - Udakishunganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 5103022240104 @ (104) of 2024 cum Excise Case No. 645 of 2024, registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 684 litres of illicit country made liquor and 10 sacks potato were recovered from the Bolero pickup.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.33331 of 2024(2) dt.01-05-2024 2/2 this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is not the owner rather he is the driver of the seized vehicle. The petitioner has no concern with the alleged recovery. The petitioner is in custody since 13.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 5103022240104 @ (104) of 2024 cum Excise Case No. 645 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T