Patna High CourtCR. MISC./55752/2023allowed

Md. Akbar v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55752 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Md. Akbar S/O Md. Ashraf R/O House No. 232, Ishlampur, Pandar Pala, Polytechic College, Ward No.-17, P.S- Bhuli, Distt.- Dhanbad, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 467, 468, 471, 482, 120(B) of the Indian Penal Code and Sections 30(a) 32, 41 of the Bihar Prohibition & Excise Act.

There is recovery of 898.2 litres of Indian made Foreign liquor from a pick-up van.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.55752 of 2023(2) dt.05-09-2023 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized illicit liquor or the vehicle in question. The petitioner is languishing in custody since 28.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 2, Khagaria in connection with Pasraha P.S. Case No. 99 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T