Patna High CourtCR. MISC./44635/2024bail granted

Kallu Ahmad @ Kallu Ahamad v. The State Of Bihar

2024-08-02Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44635 of 2024 Arising Out of PS. Case No.-147 Year-2019 Thana- NADI P.S. District- Patna ====================================================== KALLU AHMAD @ KALLU AHAMAD SON OF MD RAFI AHAMAD @ MD RAFI RESIDENT OF VILLAGE - SABALPUR, POLICE STATION - NADI, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Nadi Police Station Case No. 147 of 2019, dated 21.06.2019, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is the police, upon secret information, reached village Sabalpur and upon search, the police party recovered a total quantity of 22.250 liters of illicit liquor from the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is not the owner of the shop, in question, and he

Patna High Court CR. MISC. No.44635 of 2024(2) dt.02-08-2024 2/2 has been made accused on the basis of secret information. Illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging to him. The petitioner is in custody since 23.04.2024.

5. Regards being had to the submissions made by the parties and taking into consideration that the petitioner is in custody since 23.04.2024 and that there is no likelihood that the petitioner will abscond and/or temper with the evidence, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Special Judge Excise, Patna City, in connection to the Nadi Police Station Case No. 147 of 2019. (Anil Kumar Sinha, J) ashwani/- U T