Samsad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1392 of 2023 Arising Out of PS. Case No.-160 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Samsad Ansari Son Of Raju Ansari @ Md. Raju Ansari Resident Of VillageJay Prakash Nagar Narkatiaganj, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 272, 273, 307, 328/34 of the Indian Penal Code and Sections 30(a), 33, 34(a), 34(b), 34(b)(ii), 34(b)(iii) of the Bihar Prohibition and Excise Act. The allegation against the petitioner is that he was involved in the business of spurious/illicit liquor, after consumption of which , the informant's brother became seriously ill.

Patna High Court CR. MISC. No.1392 of 2023(2) dt.28-03-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in F.I.R. His name sprang up on the confessional statement of co-accused person. He has no concern with the brewing of liquor. It is also submitted that petitioner is languishing in judicial custody since 22.12.2021. Similarly situated coaccused person has been granted bail vide order dated 15.10.2022, passed in Cr. Misc. No. 68481 of 2021 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lauriya P.S. Case No. 160 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive

Patna High Court CR. MISC. No.1392 of 2023(2) dt.28-03-2023 3/3 Special Judge, Excise, Bettiah, West Champaran. (Sunil Kumar Panwar, J) nirajkrs/- U T