Rahmat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33274 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== RAHMAT ALI SON OF MD. MANJUR RESIDENT OF VILLAGERAHAMGANJ, PS- LAHERIA SARAI, DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Saharghat P.S. Case No. 152 of 2022 dated 03.08.2022 G.R. No. 1337/2022 dated 03.08.2022 registered for the offences punishable under Sections 272 and 273 read with 34 of the I.P.C. and u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 360 litres of illicit liquor was recovered from the vehicle which the petitioner was

Patna High Court CR. MISC. No.33274 of 2023(2) dt.24-05-2023 2/2 driving.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2022.

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

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, Madhubani in connection with Saharghat P.S. Case No. 152 of 2022 dated 03.08.2022 G.R. No. 1337/2022. The application stands allowed.

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