Md. Farman @ Bechan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 83436 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Md. Farman @ Bechan Son Of Md. Islam R/O Village- Bochahi, P.S.- Madhepur, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 47, 41(i)(ii) of the Bihar Prohibition and Excise Act and Sections 272, 273 and 34 of the Indian Penal Code.
3. Prosecution case relates to recovery of total 258 liters of illicit liquor from two motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. Moreover, he is languishing in judicial custody
Patna High Court CR. MISC. No. 83436 of 2023(2) dt.04-01-2024 2/2 since 16.10.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepur P.S. Case No. 114 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani. (Sunil Kumar Panwar, J) Shubham/- U T