Md. Babar Ali @ Babar Ali @ Md. Babar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45104 of 2023 Arising Out of PS. Case No.-380 Year-2022 Thana- OBRA District- Aurangabad ====================================================== MD. BABAR ALI @ BABAR ALI @ MD. BABAR ANSARI S/O LATE ABDUL MAHMOOD R/O Ward No. 3, Mohalla- Near Masjid, Mahua Tola, Sohsarai, P.S- Sohsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 100 liters of illicit liquor from a tempo bearing Registration no. BR01PC-5355.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question rather his name

Patna High Court CR. MISC. No.45104 of 2023(2) dt.28-07-2023 2/2 was transpired in this case on the basis of disclosure made by co-accused namely, Anil Kumar who was apprehended on spot. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 26.5.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Obra P.S. Case No. 380 of 2022 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-IInd Aurangabad (Bihar). (Sunil Kumar Panwar, J) Amandeep/- U T