Abu Mohammad @ Daulat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62976 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Abu Mohammad @ Daulat Son Of Late Abdul Barik @ Abdul Bari Resident Of Village-Ram Nagar, P.S.-Manigachi, District-Darbhanga. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== 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 467, 468, 471, 420, 120B, of the Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 6889.655 liters illegal liquor from a truck and a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner

Patna High Court CR. MISC. No.62976 of 2023(2) dt.22-09-2023 2/2 was apprehended on the spot nor vehicles in question belong to him. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 03.08.2023. 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 Manigachi P.S. Case No. 42 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 concerned Court.

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