Ahsanul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84441 of 2024 Arising Out of PS. Case No.-731 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ahsanul Haque S/o- Late Moijuddin @ Moinuddin R/o Mohalla- Salamat Nagar PS and Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Nand Poddar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Katihar (Town) PS Case No. 731 of 2024 instituted for the offences under Sections 126(2), 115 (2), 74, 352 of B.N.S and 37 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that on 06.10.2024 the informant came to meet her mother from Delhi and it is alleged that on the same day the petitioner entered into the room of the informant after taking wine and abused and assaulted the informant.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.84441 of 2024(2) dt.11-12-2024 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner is the brother of the informant. It is further submitted that informant wanted to reside in the house of the petitioner and directed to shift the petitioner along with family members to another place but on refusal by the petitioner, present false case has been lodged. The petitioner is in custody since 06.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar (Town) PS Case No. 731 of 2024.

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