Israil Ansari @ Ijraial Ansari @ Ejrayal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77477 of 2023 Arising Out of PS. Case No.-912 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== Israil Ansari @ Ijraial Ansari @ Ejrayal Ansari Son Of Shakir @ Shakir Miyan @ Shakil Husain R/O Jhakhra, Mohnakuli, Ward No. 7, P.SChanpatia, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Prerna Anand, Advocate For the State :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise Bettiah P.S. Case No. 912 of 2023 instituted for the offence under Section 30(a) and 47 of the Bihar Prohibition and Excise Act.

3.

There is alleged recovery of 86.400 litres of foreign liquor from a Hundai EON Car, while interception by the police. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-09-2023. Petitioner has no criminal antecedents.

Patna High Court CR. MISC. No.77477 of 2023(2) dt.04-12-2023 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. In fact, petitioner has no concern with the alleged illicit liquor. He had taken lift from the driver. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 23-11-2023 in Cr. Misc. No. 73251 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of allegation and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Bettiah Excise P.S. Case No. 912 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.77477 of 2023(2) dt.04-12-2023 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T