Patna High CourtCR. MISC./52773/2024bail granted

Ashik Ansari @ Aasik v. The State Of Bihar

2024-07-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52773 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Ashik Ansari @ Aasik S/O Nurmohammad @ Nurmohammad Miyan R/O Village-Sisai(Mathiya),P.S.-Bhore, Distt-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.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024

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

2. The petitioner seeks bail in connection with Phulwariya P.S. Case No. 110 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 342 litres of liquor was recovered from Bolero car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is

Patna High Court CR. MISC. No.52773 of 2024(2) dt.20-07-2024 2/2 neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The coaccused person has already been granted bail by this Bench vide order dated 08.05.2024 passed in Cr. Misc. No. 35033 of 2024. The petitioner is in custody since 13.06.2024 and has one criminal antecedent. 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, claim based on parity 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 Phulwariya P.S. Case No. 110 of 2024.

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