Patna High CourtCR. MISC./38665/2024bail granted

Md. Irfan v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38665 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- LADANIA District- Madhubani ====================================================== 1.

Md. Irfan S/o Abdul Rahman R/o vill - Bishanpur, P.S. - Lalmania, Distt. - Madhubani 2.

Md. Samir @ Md. Shamir S/o Md. Haidar @ Mohammed Haidar R/o vill - Khajedih, P.S. - Ladaniya, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

Mr. Gagandeep Yadav, Adv.

Mr. Vinod Kr. Adv.

Mr. Udeshya Kr. Yadav, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with Ladaniya P.S. Case No. 61 of 2024, lodged on 15.03.2024 under Sections 272, 273, 34 of the Indian Penal Code read with section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioners. Total 342 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.38665 of 2024(2) dt.27-05-2024 2/2 petitioners are innocent and have committed no offence. Counsel also submits that petitioners were caught merely on the basis of suspicion. Counsel further submits that the criminal antecedent of the petitioners are clean and they are in custody since 15.03.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 61 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T