Md. Nabi Hussain @ Md. Navi Hussain @ Nabi Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71441 of 2024 Arising Out of PS. Case No.-373 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Nabi Hussain @ Md. Navi Hussain @ Nabi Hussain S/o Md. Rahman R/o Village- Keshopur Simra, PS- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pandey For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sakra P.S. Case No. 373/2024 dated 18.07.2024 registered for the offences punishable u/s 30(a) and 37 of the Bihar Prohibition and Excise Act and Sections 126(2), 115, 117 and 85 of the B.N.S.
3. As per the prosecution case, when the informant returned to her sasural with her father, in state of intoxication of liquor, the petitioner assaulted the informant and her father and damaged the four wheeler on which the informant and her father came. Thereafter, the petitioner took Rs. 20,000/- from the purse of the informant.
Patna High Court CR. MISC. No.71441 of 2024(2) dt.01-10-2024 2/2
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent i.e., Complaint Case No. 573/2018 in which he has been convicted as stated in para 3 of the bail petition. The petitioner is in custody since 19.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Sakra P.S. Case No. 373/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T