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Patna High CourtCR. MISC./51691/2022bail granted

Munu Ansari v. The State Of Bihar

2022-11-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51691 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== Munu Ansari Son of Md. Sagir Ansari R/V- Musafirganj, P.S- Buxar Nagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jagdher Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Buxar Rail P.S. Case No. 26 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, the total recovery of 14.385 litre foreign liquor is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that nothing has been recovered from the conscious possession of the present petitioner and he has not

Patna High Court CR. MISC. No.51691 of 2022(2) dt.25-11-2022 2/2 been apprehended from the place of occurrence. Learned counsel submits that petitioner's antecedent is clean and he is in custody since 12.02.2022. The alleged recovery is in complete violation of Section 100 of Cr.P.C.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.1, Bhojpur at Ara in connection with Buxar Rail P.S. Case No. 26 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T