Patna High CourtCR. MISC./43523/2023allowed

Hasnain Ansari v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43523 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Hasnain Ansari S/O- Kalam Miyan Village- Balua Tola Ps- Kuchaikote DistGopalganj Village- Dharampur Rampur Tengrahi Ps- Jadopur Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

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.

Prosecution case relates to recovery of 468 liters of country made liquor from a boat.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner and also he has no concern with the seized illicit liquor. It is also submitted that a statement has been made in para-3 of this petition that the

Patna High Court CR. MISC. No.43523 of 2023(2) dt.21-07-2023 2/2 petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 after framing of charge. The above named petitioner is directed to be released on bail in connection with Jadopur P.S. Case No. 131 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II Cum-Special Judge Excise Court No. 1 Gopalganj.

(Sunil Kumar Panwar, J) Shubham/- U T