Patna High CourtCR. MISC./41612/2024bail granted

Md. Alam @ Rabe Alam v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41612 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Md. Alam @ Rabe Alam S/O Babujan R/O Village Dahibhata Ps Uchakagaon District Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Uchkagaon P.S. Case No. 112 of 2024 instituted for the offences punishable under Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 513 liters of liquor was recovered from a bush.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has come into light on the basis of disclosure made by local chaukidar. No incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.41612 of 2024(2) dt.19-06-2024 2/2 The petitioner has got no concern with the alleged recovery of liquor and the place of occurrence is an open place which is accessible to all. The petitioner is in custody since 15.04.2024 and has three criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Uchkagaon P.S. Case No. 112 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T