Ashik Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53246 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== 1.

Ashik Ansari Son Of Nurmohammad @ Nurmohmmad Miyan VillageMathiya (Sisai), P.S.- Bhore, Dist- Gopalganj 2.

Muket Khan Son Of Birbal Khan Village- Chhotaki Sisai Bhatwaliya, P.SBhore, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-08-2024

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

2. Petitioners seek regular bail in connection with Sripur P.S. Case No. 79 of 2024 dated 27.05.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Mr. Lokesh Kumar Singh, learned counsel for the petitioners submits that the petitioners were falsely roped in connection with the alleged recovery of liquor, in fact, the petitioners were passing through the place of occurrence on the motorcycle and were intercepted by the police and were asked to produce the original papers of the said motorcycle on the

Patna High Court CR. MISC. No.53246 of 2024(2) dt.07-08-2024 2/3 ground that it was without a valid registration number. Even though the petitioners produced xerox copy of the documents and tried to convince that the registration number will be generated but the police personnel did not pay heed to them and demanded bribe. Thus, the petitioners have been implicated in a false case of recovery of illicit liquor and are victims of police atrocity. It is further submitted that the petitioners have been languishing in jail since 28.05.2024 and against them the investigation has been completed and the police did not comply with the provisions of Section 100 of Cr. P.C. while making the search and seizure of the alleged contraband. Further submission is that against the petitioner no.1 there is a criminal antecedent of one case in which he is on bail and against the petitioner no.2 there is no criminal antecedent.

4. Mr. Mritunjay Kumar Nirala, learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Having considered the above submissions and mainly the completion of investigation against the petitioners as well as their custody period, this court is inclined to grant them the privilege of bail. Accordingly, let the petitioners namedabove be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.53246 of 2024(2) dt.07-08-2024 3/3 Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sripur P.S. Case No. 79 of 2024. (Shailendra Singh, J) Rajiv/- U T