Patna High CourtCR. MISC./44086/2023bail granted

Md. Mojib Akhtar @ Md. Najib v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44086 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Md. Mojib Akhtar @ Md. Najib S/O Saikh Fazil @ Fazil R/O VillageBholadangi, P.S- Kadwa, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Ajit Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Balrampur P.S Case No. 58 of 2023 dated 19.04.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 33.675 litres of illicit foreign liquor was recovered from the motorcycle.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.44086 of 2023(2) dt.25-07-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The said motorcycle belongs to the father of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Balrampur P.S Case No. 58 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T