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Patna High CourtCR. MISC./60051/2025allowed

Kallu Mian @ Kallu @ Md. Kallu Mian @ Kallu Ahmad @ Md. Kallu Ahmad v. The State Of Bihar

2025-09-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60051 of 2025 Arising Out of PS. Case No.-220 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Kallu Mian @ Kallu @ Md. Kallu Mian @ Kallu Ahmad @ Md. Kallu Ahmad Son of Md. Rafi Ahmad @ Md. Shafi @ Late Md. Rafi Ahmad Resident of Village - Sabalpur, Police Station - Nadi, District - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Nadi P.S. Case No. 220 of 2021 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 5 litre country made liquor has been recovered from a balty/ bucket which was left by the co-accused Rajesh Sahni, who fled away from the spot. Local people stated that co-accused Rajesh Sahni is involved in selling of illicit liquor and the liquor belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Petitioner was not present on the spot. He has no concern with the seized liquor. Charge-

Patna High Court CR. MISC. No.60051 of 2025(2) dt.17-09-2025 2/2 sheet has already been submitted after completion of investigation. Petitioner has five criminal antecedents. He is in custody since 13.05.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City in connection with Nadi P.S. Case No. 220 of 2021, subject to the following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.

(Sunil Dutta Mishra, J.) rakhi/- U T