Phiroj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8940 of 2023 Arising Out of PS. Case No.-868 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== PHIROJ ALAM S/O MD. KAMARUDIN ALAM Resident of VillageBalatara, P.S.- Ara (T), District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Malti Kumari For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, on receiving secret information that liquor loaded one green colour Atul Tempo, Registration No. BR44P-4702 is coming near Darhara Bridge thereafter informant along with police party reached at that place and there has been recovery of 300 liters of illegal Chulai Mahua liquor from a Tempo.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern either with the
Patna High Court CR. MISC. No.8940 of 2023(3) dt.04-05-2023 2/2 seized vehicle or with the liquor. He submitted that the seized vehicle was being driven by other co-accused Binda Bind, who managed to flee away from the place of occurrence. No incriminating article has recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.09.2022. The application for bail is opposed by learned APP for the State.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1st, Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 868 of 2022. (Sunil Kumar Panwar, J) arish/- U T