Mehboob Haque @ Mehbul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53274 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Mehboob Haque @ Mehbul Haque Son of Bani Israil Resident of village - Lahra Phulwari Ward No.- 14, P.S.- Kishanganj, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 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 Kishanganj P.S. Case No. 224 of 2022, giving rise to Special Case no. 470 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the total recovery of 114 litres of foreign liquor has alleged to be made from the tempo. Learned counsel for the petitioner submits that the said recovery was made from the tempo which was alleged to be driven by the petitioner. Learned counsel for the petitioner submits that he is used to keep tempo in the night at the house of

Patna High Court CR. MISC. No.53274 of 2022(2) dt.21-10-2022 2/2 the owner and in the next day, he has started to go for work. In the meantime, police has apprehended him. Learned counsel for the petitioner further submits that his antecedent is clean and he is in custody since 14.06.2022.

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 Addl. District and Session Judge- II, Special Judge, (Excise), Kishanganj in connection with Kishanganj P.S. Case No. 224 of 2022, giving rise to Special Case no. 470 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