Kamruddin Mian @ Kamruddin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83122 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Kamruddin Mian @ Kamruddin Miyan S/O Late Rahman Mian R/O VillageWard no 04, Chuhari, P.S- Chanpatia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024 Heard Mr. Umesh Kumar Gupta, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. Petitioner seeks regular bail in connection with Chanpatia P.S. Case No. 207/ 2024 dated 26.09.2024 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. The main submissions advanced by learned counsel for the petitioner are that petitioner has been roped in a false case prepared by the police in collusion with village Chowkidar as the petitioner's relatives are the candidates in ongoing PACS election and the factum of the fabrication of the false case is clearly evident from the seizure list itself as on the seizure list there is details of the FIR No. while the seizure list was prepared prior to the registration of the FIR and in this regard, the time mentioned in the seizure list and the time of the registration of the FIR mentioned on the first

Patna High Court CR. MISC. No.83122 of 2024(2) dt.04-12-2024 2/2 page of the FIR may be perused. It is further submitted that the instant matter relates to the recovery of 69 litres of Nepali liquor from a motor cycle and the petitioner has no concern with the said motor cycle, though, against the petitioner there is criminal antecedent of one case but that was related to the other offences under IPC. It is further submitted that petitioner has been languishing in jail since 27.09.2024 and against him, investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's custody period and the completion of investigation against him, this court is inclined to accept his bail prayer Accordingly, let the petitioner named-above be released on bail in connection with Chanpatia P.S. Case No. 207/ 2024 on furnishing bail bond of Rs.20,000/-( rupeesTwenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T