Md. Ajahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76662 of 2023 Arising Out of PS. Case No.-380 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Md. Ajahar Son Of Akhatar @ Akhtar Sah Resident Of Village Silanath Barhi, Police Station- Jaynagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 153 litres of illicit liquor from a motorcycle driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.76662 of 2023(2) dt.04-12-2023 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized motorcycle or the illicit liquor. The petitioner is languishing in custody since 10.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Madhubani.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act,

Patna High Court CR. MISC. No.76662 of 2023(2) dt.04-12-2023 3/3 Madhubani in connection with Jaynagar P.S. Case No. 380 of 2023.

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