Md. Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51621 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- PRANPUR District- Katihar ====================================================== Md. Riyaz Son Of Late Hafijuddin Resident Of Mohalla - Sharifganj Balu Tola, P.S. - Sahayak, District - Katihar ... ... Petitioner/S

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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 sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 56.055 liter illegal liquor which was kept in two bags and the petitioner was also apprehended on the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather it was a planted one. It is further submitted that the petitioner is languishing

Patna High Court CR. MISC. No.51621 of 2023(2) dt.25-08-2023 2/2 in judicial custody since 05.07.2023.

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. The above named petitioner is directed to be released on bail in connection with Pranpur Roshna P.S. Case No. 135 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 Exclusive Special Excise CourtII, Katihar. (Sunil Kumar Panwar, J) Manishkumar/- U T