Md Ajmal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53484 of 2022 Arising Out of PS. Case No.-233 Year-2020 Thana- FALKA District- Katihar ====================================================== Md Ajmal S/o Md. Ajaj @ Azaz Ahmad Resident of Village- Morsanda, Bank, Tola, P.S.- Falka, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 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 Falka P.S. Case No. 233 of 2020 lodged under Section 420 of the I.P.C. and Section 30(a) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 1300 liter of foreign liquor is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 29.06.2022 having clean antecedent. He also submits that the said recovery was

Patna High Court CR. MISC. No.53484 of 2022(2) dt.25-11-2022 2/2 made from a pick-up van, which was given to the petitioner by the owner of the seized vehicle.

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 Special Excise, Court-II-cum-Special Judge, Katihar in connection with Falka P.S. Case No. 233 of 2020, 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.) ashishsingh/- U T