Appu Mian @ Appu Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66261 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== APPU MIAN @ APPU ALI, aged about 30 years, Male, Son of Late Is Mohammad, Resident of Village - Jagmalwa, P.S.- Thawe, District - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shailendra Kumar, Advocate.

For the Opposite Party :

Mr.Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 4294.08 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 26.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is

Patna High Court CR. MISC. No.66261 of 2019(2) dt.21-10-2019 2/2 alleged that total 4294.08 liters wine is recovered from the Container and Scorpio vehicle in question. The said Container and Scorpio vehicle do not belong to the petitioner. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Barauli P.S. Case No. 57/2019. U.K./- (Sudhir Singh, J) U T