Sahbaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32881 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== SAHBAJ ALAM Son of Late Afatab Alam Resident of Village - Ratanpur, P.S.- Deo, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Uma Kant Mishra, Advocate For the Opposite Party/s :

Mr Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Aurangabad Excise Police Station (for brevity, PS) Case No 133 of 2023 dated 21.02.2023 corresponding to GR No 206 of 2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act.

As per the prosecution case, total 69.120 litres of

Patna High Court CR. MISC. No.32881 of 2023(2) dt.24-05-2023 2/2 country made liquor was recovered from the motorcycle of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal case, as stated in paragraph 3 of the bail petition. The petitioner is in judicial custody since 21.02.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise II, Aurangabad in Aurangabad Excise PS Case No 133 of 2023 dated 21.02.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T