Shamshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.614 of 2023 Arising Out of PS. Case No.-167 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Shamshad Ansari Son Of Raju Ansari @ Md. Raju Ansari Resident Of Village- Jay 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 29-03-2023 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 302, 328/34 of the Indian Penal Code and Section 30(a), 33, 37(b) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is that he was involve in illegal trading of spurious liquor, whereafter consumption, the maternal uncle of the informant died.

Patna High Court CR. MISC. No.614 of 2023(2) dt.29-03-2023 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. Petitioner is not named in F.I.R. and his name sprang up on the confessional statement of co-accused Thug Sah. The petitioner has no concern with the illicit liquor. Moreover, the petitioner is languishing in judicial custody since 24.01.2022. Similarly situated co-accused persons have been granted bail vide order dated 29.08.2022, passed in Cr. Misc. No. 6498 of 2022 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. 167 of 2021 on

Patna High Court CR. MISC. No.614 of 2023(2) dt.29-03-2023 3/3 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 Special Judge, Excise, Bettiah, West Champaran.

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