Barjahan Alias Barjahan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8345 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- BHIMPUR District- Supaul ====================================================== Barjahan Alias Barjahan Ali Son of Late Mahtab Ali R/O VillageBhairiadangi, P.S.- Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 467, 468 and 120B of the Indian Penal Code and under sections 30(a), 36 and 41(1) of Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., 2618 litres approx of liquor was recovered from the truck being driven by the petitioner and of which co-accused Badruddin is the owner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or his truck. He has been falsely implicated in the case. Co-accused Badruddin has been enlarged on bail vide order dated 16.4.2021 passed in Cr. Misc. no.6938 of 2021. The

Patna High Court CR. MISC. No.8345 of 2021(5) dt.10-08-2021 2/2 petitioner is in custody since 17.10.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Excise Case no.973 of 2020 (Bhimpur P.S. Case no.75 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II, Supaul.

(Partha Sarthy, J) Saurabh/- U T