Md Ayan Alias Ayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.227 of 2024 Arising Out of PS. Case No.-812 Year-2023 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Md Ayan Alias Ayan Son of Janisar Resident of Village- Sharifganj (Bagalpuri Mohalla), P.S.- Nagar, (Sahayak), District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== 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 Sections 30(a), 34(a), 34(b), 52 of the Bihar Prohibition & Excise Act.

There is recovery of 918 intoxicated tablets from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.227 of 2024(2) dt.15-01-2024 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovered tablets are not banned in the open market and the same may be purchased by any person as a medicine from open market. The petitioner has no concern either with the apprehended accused or seized tablets. The petitioner is languishing in custody since 02.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-cum-

Patna High Court CR. MISC. No.227 of 2024(2) dt.15-01-2024 3/3 Exclusive Excise (Judge), Court No. 2, Katihar in connection with Katihar Nagar (Sahayak) P.S. Case No. 812 of 2023.

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