Patna High CourtCR. MISC./72162/2023allowed

Md Lalo Alam v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72162 of 2023 Arising Out of PS. Case No.-45 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Md Lalo Alam Son Of Md. Qaiyum R/O Village - Satmalpur, Ward No.3, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. As per FIR, the prosecution case relates to recovery of total 194.760 liter illicit Indian Made Foreign Liquor from embankment of Gandak river.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. He has no concern with the alleged recovery. Neither the petitioner was

Patna High Court CR. MISC. No.72162 of 2023(2) dt.08-11-2023 2/2 apprehended on the spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 03.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 45 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Samastipur.

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