Patna High CourtCR. MISC./54063/2024bail granted

Md. Muslim v. The State Of Bihar

2024-08-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54063 of 2024 Arising Out of PS. Case No.-398 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Md. Muslim S/o Md. Israel @ Md. Israfil Resident of Loharva Ghat PS Alamganj District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Alamganj P.S. Case No. 398 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 70 litres of mahua liquor was recovered from sack(bora).

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.54063 of 2024(2) dt.07-08-2024 2/3 incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place. The petitioner has got no concern with the alleged recovery of liquor. Charge-sheet has been submitted in this case. The petitioner is in custody since 04.06.2024 and has four 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 and 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 Alamganj P.S. Case No. 398 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.54063 of 2024(2) dt.07-08-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T