Patna High CourtCR. MISC./39987/2023bail granted

Md. Chand v. The State Of Bihar

2023-07-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39987 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

MD CHAND Son of Late Md. Shamshul @ Late Md. Samsul Resident of village - Bahelia Tola, P.S. - Tajpur, Dist - Samastipur 2.

Md Gulshad Son of Md. Shamshul @ Late Md. Samsul Resident of village - Bahelia Tola, P.S. - Tajpur, Dist - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr Md Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Heard learned counsel for the petitioners and the learned APP.

2 The petitioners have preferred this application for grant of regular bail in connection with Warisnagar (Mathurapur OP) PS Case No 39 of 2023 dated 03.02.2023 registered for the offence punishable under Sections 30 (a), 30 (c) 30 (d) of the Bihar Prohibition and Excise Act and Sections 419, 420, 467, 468/34 of the IPC.

3 As per the prosecution case, the petitioners were indulged in making dublicate foreign liquor with the help of other co-accused persons.

4 Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.39987 of 2023(2) dt.12-07-2023 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioners have two antecedents, as stated in paragraph 3 of the bail petition. It is further submitted that the petitioners were not arrested on the spot. Their names were disclosed by co-accused Nitish Kr and Ranjeet Kr before the police. They are in custody in this case since 21.03.2023. 5 Learned APP has vehemently opposed the bail petition of the petitioners.

6 Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioners, the petitioners above named are directed to be released on bail on each of them furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise II, Samastipur in Warisnagar (Mathurapur OP) PS Case No 39 of 2023 dated 03.02.2023.

7 This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T