Bagan Hembrum @ Begum Hembrum @ Began Heembrum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68503 of 2024 Arising Out of PS. Case No.-536 Year-2022 Thana- FALKA District- Katihar ====================================================== Bagan Hembrum @ Begum Hembrum @ Began Heembrum, Son of Late Dubayee Hembrum, R/O- Gobindpur Dira, P.S.- Falka, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2024 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned APP for the State.

2. Petitioner seeks regular bail in connection with Falka P.S. Case No. 536 of 2022 dated 31.12.2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. Learned counsel appearing for the petitioner submits that the instant matter relates to the recovery of 40 litres of illicit country made liquor and the same is stated to have been recovered from a maize field and the petitioner was not arrested at the spot and nothing as alleged was recovered from his conscious possession and he was arrested merely on the basis of suspicion, in fact some other persons are stated to be involved in

Patna High Court CR. MISC. No.68503 of 2024(2) dt.20-09-2024 2/2 the smuggling of the alleged liquor. Learned counsel further submits that all the witnesses are the police officials even though at the alleged place of recovery, several persons gathered but no any independent person was made as seizure list witness and the petitioner has fair and clean antecedent and he has been languishing in jail since 28.06.2024.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent, and also, the fact that the alleged recovery of liquor was made before official persons even though several persons gathered at the alleged place of recovery, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 concerned Court in connection with Falka P.S. Case No. 536 of 2022.

(Shailendra Singh, J) annu/- U T