Patna High CourtCR. MISC./67138/2023bail granted

Md. Arif @ Arif v. The State Of Bihar

2023-10-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67138 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- TERHAGACHH District- Kishanganj ====================================================== MD. ARIF @ ARIF SON OF MD. ISHAR @ MD. ISHAQUE RESIDENT OF VILLAGE - KUCHAHA, WARD NO.04, P.S. - SIKTI, DISTRICT - ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durga Nand Jha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Terhagachh P.S. Case No. 50/2023, corresponding to Special Case No. 370/2023, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution, the allegation against the petitioner is that about 26.1 litres of illicit liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.67138 of 2023(2) dt.17-10-2023 2/2

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.D.J.-Iind-cum-Special Judge (Excise-1), Kishanganj in connection with Terhagachh P.S. Case No. 50/2023, corresponding to Special Case No. 370/2023.

8. This is also subject to the condition that the petitioner shall mark his presence in Sikti Police Station, District- Araria on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T