Md. Sonu v. The Stat Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8263 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== MD. SONU Son of Md. Kamruddin Resident of Kathokar Talab, Bari Road, P.S. - Civil Lines, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-05-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Magadh University Police Station Case No. 86 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on a checking being conducted a total of 44.7 litres of illicit liquor was recovered from the possession of two accused persons including the petitioner herein who were on a motorcycle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or the motorcycle on which the petitioner was travelling. He has been falsely implicated in this case. The petitioner is in custody

2/2 since 9.8.2020 and has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody and the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Magadh University Police Station Case No. 86 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 Special Judge, Excise, Gaya. (Partha Sarthy, J) Bibhash U T