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Patna High CourtCR. MISC./61533/2023allowed

Jalil Mian @ Jalal Mian v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61533 of 2023 Arising Out of PS. Case No.-428 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Jalil Mian @ Jalal Mian S/O Mirhasan Mian R/O- Rekha Sundarpatti Tola Fatehpur, Ps. Nautan, Dist. West Champaran, Bihar-845449 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 4.5 liter illegal liquor from a motorcycle and the petitioner was also apprehended on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. It is

Patna High Court CR. MISC. No.61533 of 2023(2) dt.22-09-2023 2/2 further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 30.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Muffasil P.S. Case No. 428 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Bettiah.

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