Patna High CourtCR. MISC./45821/2024bail granted

Kallu Ahmad @ Kallu Ahamad v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45821 of 2024 Arising Out of PS. Case No.-218 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Kallu Ahmad @ Kallu Ahamad Son of Md. Rafi Ahamad @ Md. Rafi @ Rafi Ahmad Resident of Village - Sabalpur, Police Station - Nadi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nadi P.S. Case No. 218 of 2022 dated 05.06.2022 registered for the offences punishable u/s 30(a), 37(1) (2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 25 litres of illicit country made liquor was recovered from the white plastic sack near the bank of the Ganga river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local Chowkidar. Nothing has been recovered from the

Patna High Court CR. MISC. No.45821 of 2024(2) dt.02-07-2024 2/2 conscious possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.04.2024.

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

6. 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, Patna City in connection with Nadi P.S. Case No. 218 of 2022.

7. The application stands allowed.

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