Alauddin Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41041 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== ALAUDDIN RAIN S/O ABDUL GAFUR @ A. GAFUR @ GAFUR RAIN RESIDENT OF VILLAGE-HARINE, P.S. HARLAKHI, DISTRICT MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madan Kumar, APP ====================================================== 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 Harlakhi PS case no. 150 of 2021 instituted for the offences punishable under Sections 272, 273/34 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act. The allegation is regarding recovery of 135 liters of illicit liquor from a tempo and the driver was arrested from the spot who stated that he was bringing the liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and

Patna High Court CR. MISC. No.41041 of 2021(2) dt.14-12-2021 2/2 is languishing in custody since 11.06.2021.

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 made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the tempo does not belong to the petitioner and the name of the petitioner has transpired in the present case merely on the confessional statement of co-accused person namely Kishan Kumar, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, 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 court of 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Madhubani in connection with Harlakhi PS case no. 150 of 2021.

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