Babar Ali @ Md. Babar Ansari @ Vavar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55730 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== BABAR ALI @ MD. BABAR ANSARI @ VAVAR ALI son of Late Abdul Mahmud Mohalla- Mahua Tola Ps- Sohsarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 33/41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 420 liters of spirit from Bolero vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Sarfaraz Alam, which has got no evidentiary value in the eyes of law. The provision of Section 100 of the Cr.P.C. has not followed in this case. He

Patna High Court CR. MISC. No.55730 of 2023(2) dt.30-08-2023 2/2 submitted that the petitioner has no concern either with the seized vehicle or with the spirit in question. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has remanded in this case from another case on 13.06.2023 and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Sohsarai P.S. Case No. 153 of 2023.

(Sunil Kumar Panwar, J) arish/- U