Jalaludhin Miya @ Lakari @ Jalaludin Miya @ Lakri @ Larki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84455 of 2023 Arising Out of PS. Case No.-370 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Jalaludhin Miya @ Lakari @ Jalaludin Miya @ Lakri @ Larki Son Of Late Islam Miya R/O Village- Rivilganj, Thakurbadi, P.S.- Rivilganj, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 176 liters of illicit liquor from a car.

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. Nothing has been recovered from the conscious possession of the petitioner and he has no concern either with the seized liquor or with the seized vehicle in question. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.84455 of 2023(2) dt.08-01-2024 2/2 independent witness of the seizure list rather they are police personnel. Moreover, the petitioner is languishing in judicial custody since 17.09.2023. Moreover, the petitioner is languishing in judicial custody since 17.09.2023.

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 Bhagwan Bazar P.S. Case No. 370 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 Court of 1st Special Judge Excise, Saran at Chapra.

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