Patna High CourtCR. MISC./86665/2023allowed

Jamil Ansari v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86665 of 2023 Arising Out of PS. Case No.-352 Year-2023 Thana- SIMRI District- Buxar ====================================================== Jamil Ansari S/o Rehanudin @ Md. Rehanudin R/o Vill. - Balihar, P.S. - Simari, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 77.76 litres of illicit Indian made foreign liquor from a motorcycle and petitioner was apprehended from the spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.86665 of 2023(2) dt.15-01-2024 2/2 petitioner has no concern either with the seized motorcycle or the illicit liquor. The petitioner is languishing in custody since 07.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Buxar in connection with Simari P.S. Case No. 352 of 2023.

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