Md. Ali @ Md. Ali Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55559 of 2024 Arising Out of PS. Case No.-365 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== 1.

MD. ALI @ MD. ALI AHMAD SON OF LATE MD. SAFIQUE @ LATE MD. SHAFIQ R/V- VILLAGE- JATMALPUR, P.S.- KALYANPUR, DISTT.- SAMASTIPUR 2.

RAHUL KUMAR SON OF BHAGO MAHTO R/V- VILLAGEJATMALPUR, P.S.- KALYANPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise Sadar P.S. Case No. 365 of 2024 (Prohibition P.S. Case No. 365 of 2024) registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, 90 liters of country made liquor has been recovered from the possession of the petitioners.

4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they are in custody since 19.05.2024.

5. Learned counsel for the petitioner submits that the petitioners are ready to donate Rs.20,000/- collectively in some charitable organization with accepting their guilt.

Patna High Court CR. MISC. No.55559 of 2024(2) dt.14-08-2024 2/2

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-I (Excise Act), Darbhanga in connection with Excise Sadar P.S. Case No. 365 of 2024 (Prohibition P.S. Case No. 365 of 2024) subject to the following conditions:- (i). The petitioners shall deposit an amount of Rs. 20,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Sevashrama, Swami Vivekanand Path,, Bela, Muzaffarpur collectively and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness of the receipt produced by the petitioners.

(ii). The petitioners are directed to mark their attendance at Kalyanpur Police Station on first and third Sunday of each month. Failure to do so, will result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T