Bulla @ Bulla Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28924 of 2020 Arising Out of PS. Case No.-189 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== BULLA @ BULLA MIAN S/o Late Khalil Resident of Village-Simraha Hat, P.S.-Simraha, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State. The petitioners seek regular bail in connection with Forbesganj (Simraha) PS case no. 189 of 2020 instituted for the offences punishable under Sections 30(a), 38(1), 44 of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 900 ml of cough syrup containing codeine substance from the house of the petitioner, after the police had conducted a raid and apprehended the mother of the petitioner while the petitioner had managed to flee away.

Patna High Court CR. MISC. No.28924 of 2020(2) dt.13-11-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 05.06.2020.

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

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Araria in connection with Forbesganj (Simraha) PS case no. 189 of 2020.

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