Patna High CourtCR. MISC./3638/2024allowed

Saddam @ Md. Saddam @ Saddam Shekh @ Sadam v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3638 of 2024 Arising Out of PS. Case No.-150 Year-2022 Thana- BELHAR District- Banka ====================================================== Saddam @ Md. Saddam @ Saddam Shekh @ Sadam S/O MD. NIJAM @ TUGARA MIYA VILLAGE- GORGAON/GORGANWAN, PS. BELHAR, DIST. BANKA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 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. The prosecution case, is that the co-accused Dhananjay Kumar was arrested with a motorcycle from where 125 liters of illicit liquor was recovered who also disclosed the name of the petitioner as his associate.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.3638 of 2024(2) dt.31-01-2024 2/2 of illicit liquor or with the seized motorcycle. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. His name was disclosed by co-accused Dhananjay Kumar who was apprehended on spot. The petitioner is languishing in judicial custody since 5.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Belhar P.S. Case No. 150 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd, Banka.

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