Patna High CourtCR. MISC./2621/2023allowed

Md. Minhaj Ansari @ Md. Manhoj Ansari v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2621 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Md. Minhaj Ansari @ Md. Manhoj Ansari Son Of Kalamuddin Ansari R/O Village- Ramsagar, P.S.- Ara Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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 the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 210 liters of illicit liquor from four different motorcycles out of which one motorcycle belongs to the petitioner from there, 90 liters country made liquor was recovered.

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. He has got no criminal antecedent as stated in para-3 of the petition. Though the petitioner is owner of one of

Patna High Court CR. MISC. No.2621 of 2023(3) dt.28-08-2023 2/2 the motorcycles, he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 27.9.2022.

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 custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Koilwar P.S. Case No. 612 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Bhojpur at Ara/concerned Court.

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