Patna High CourtCR. MISC./74357/2024bail granted

Salman Alam v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74357 of 2024 Arising Out of PS. Case No.-1241 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Salman Alam Son of Manzoor Alam @ Manjur Miyan R/O-VillageGhorasahan Bijabani, Ward no. 06, P.S- Ghorasahan, District- East Champaran, PIN-845303 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 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 Excise (Motihari) P.S. Case No. 1241 of 2024 dated 30.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 198 litres of illicit Nepali country made liquor was recovered from the three different motorcycles, out of which 162 litres of illicit liquor was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.74357 of 2024(2) dt.08-10-2024 2/2 petitioner. The petitioner is the owner of one of the motorcycles. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.07.2024.

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, East Champaran in connection with Excise (Motihari) P.S. Case No. 1241 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T