Patna High CourtCR. MISC./85953/2024bail granted

Ful Khan v. The State Of Bihar

2024-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85953 of 2024 Arising Out of PS. Case No.-590 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ful Khan S/O Late Md. Safiq Khan Resident of Mohalla Driver Tola Ward No. 16, PS- Katihar Nagar Town, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Katihar Nagar P.S. Case no. 590 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, while accused Md. Sabba was caught along with 60.75 litres of liquor, three accused managed to escape. It is stated that the accused who was caught disclosed the petitioner to be amongst the persons who had managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither the petitioner was arrested at the spot nor any incriminating

Patna High Court CR. MISC. No.85953 of 2024(2) dt.20-12-2024 2/2 article recovered from his possession. The cause of his false implication is his antecedent. He undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Katihar Nagar P.S. Case no. 590 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Exclusive Special Excise Court no.2, Katihar.

(Partha Sarthy, J) Bibhash U T