Patna High CourtCR. MISC./85672/2023allowed

Md. Nadir Alam v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85672 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- TARABARI District- Araria ====================================================== Md. Nadir Alam Son Of Md. Israil Mallik R/O Village- Balwat, Sahasmal, Ward No.11, P.S.- Tarabari, District- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for bail in a case registered for the offence punishable under sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Prosecution case relates to recovery of total 30 liters IMFL from a Bolero vehicle bearing Reg. No. BR11M4650 and petitioner was apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery or with the vehicle in question. Nothing incriminating article has been

Patna High Court CR. MISC. No.85672 of 2023(2) dt.10-01-2024 2/2 recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 06.09.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Araria in connection with Tarabari P.S. Case No. 110 of 2023.

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