Allowed

Md. Mallu v. The State of Bihar

Patna HC24 Nov 2022CR. MISC./53156/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, who was alleged of selling illicit country-made liquor under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. The petitioner was directed to furnish a bond and two sureties subject to standard conditions.

What did the court decide?

Released on bail on furnishing bond of Rs. 20,000 with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna City.

Md. Mallu Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53156 of 2022

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Arising Out of PS. Case No.-484 Year-2022 Thana- ALAMGANJ District- Patna

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======================================================

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Md. Mallu, Son of Late Sajjad Miyan @ Abdul Sajjad, Resident of Mitan Ghat, P.S- Khajekalan, Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s : Mr.Rana Randhir Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 24-11-2022 Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.

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In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 484 of 2022 registered for the alleged offences under Sections 30 (a)/ 36 of the Bihar Prohibition and Excise Act.

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As per prosecution case, the petitioner and the coaccused person were found selling country made liquor which they have kept in jut bags. 80 liters of illicit country made liquor was recovered from the jute bags kept by this petitioner whereas, 80 liters of illicit liquor was recovered from coaccused Ravindra Ram.

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Patna High Court CR. MISC. No.53156 of 2022(2) dt.24-11-2022 2/3

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. As it is apparent from the FIR that recovery was made from an open place and from two jute bags said to be belonging to this petitioner, but the petitioner has no concern with the alleged recovery. It is also not believable that the petitioner would be selling the illicit liquor in open as alleged by the prosecution. The charge sheet has been submitted in this case. The petitioner is in custody since 02.07.2022 and is having clean antecedent.

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Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner.

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Having regard to the submissions made on behalf of the petitioner and considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, Patna, in connection with Alamganj P.S. Case No. 484 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also

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Patna High Court CR. MISC. No.53156 of 2022(2) dt.24-11-2022 3/3

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the following conditions :

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(i) One of the bailors will be a close relative

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of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to

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be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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U T

Md. Mallu v. The State of Bihar

Case brief

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Md. Mallu v. The State of Bihar

Case brief

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