Kalim Akhatar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77330 of 2023 Arising Out of PS. Case No.-496 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Kalim Akhatar S/O Ainuddin Ansari @ Enullah R/O Vill - Sangrampur Darji Tola, P.S. - Sangrampur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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 Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 22.680 litres of illicit Indian made foreign liquor from the motorcycle of 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.77330 of 2023(2) dt.06-12-2023 2/3 been implicated in this case. Nothing incriminating 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 26.08.2023. 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, Motihari, East Champaran. 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 Exclusive Special Excise Court No. 1, Motihari, East Champaran in

Patna High Court CR. MISC. No.77330 of 2023(2) dt.06-12-2023 3/3 connection with Govindganj (Malahi) P.S. Case No. 496 of 2023.

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