Patna High CourtCR. MISC./70835/2023allowed

Daud Nabi v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70835 of 2023 Arising Out of PS. Case No.-903 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== DAUD NABI S/O LATE AAYUB NABI R/O VILLAGE- MAJHYAMPUR MATPARA, P.S- BELDANGA, DISTT.- MURSHIDABAD, STATE- WEST BENGAL.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 467, 468, 471, 420, 120(b) of the Indian Penal Code and Sections 30(a), 32(i)(ii) (iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 7238.160 liters of illegal liquor from the Godown of the coaccused Vipin Kumar @ Ranjan Singh.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was apprehended on spot. He submitted that the alleged recovery is from the seized truck and

Patna High Court CR. MISC. No.70835 of 2023(2) dt.17-10-2023 2/2 three Bolero Pick-up vehicles and the petitioner has no concern either with the seized vehicles or with the seized wine in question and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Muzaffarpur Sadar P.S. Case No. 903 of 2023.

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