Mahtab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75394 of 2019 Arising Out of PS. Case No.-502 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Mahtab Alam, S/o- Wazir Alam, Resident of Village- Mansa Tola, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-11-2019 The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 502 of 2019, dated 05.07.2019, instituted for the offences under Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

It appears that the petitioner was arrested in a red light area and was found to be drunk.

Learned counsel for the petitioner has submitted that because of his earlier involvement in a case of similar

Patna High Court CR. MISC. No.75394 of 2019(2) dt.26-11-2019 2/2 nature, he has wrongly been nabbed in the present case. The assessment of the arresting officer about the petitioner having consumed some liquor is also based on no objective finding, but only on suspicion.

The petitioner is in custody since 08.07.2019 and in the earlier case in which he has been made accused, he has been granted bail.

Regard being had to the aforesaid facts, the petitioner/Mahtab Alam is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions JudgeVth-cum-Special Judge, Excise Act, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 502 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T