Md. Taz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6513 of 2024 Arising Out of PS. Case No.-644 Year-2023 Thana- SUPAUL District- Supaul ====================================================== 1.

Md. Taz Alam Son Of Shahid Alam Resident Of Village- Ghoriyari Sharif, Ps- Jeevan Talla, Distt- 24 Parganas West Bengal 2.

Md. Rafique Son Of Abdul Gaffar Resident Of Village- Tegra, Ps- Itali, DistSealdah Kolkatta, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Rai, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Supaul P.S. Case No. 644 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

As per prosecution case, there is recovery of total 261 liters of illicit foreign liquor from 'Magic Vehicle' which was parked near the roadside.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 08-08-2023. Petitioners are stated to be man of clean antecedent.

Patna High Court CR. MISC. No.6513 of 2024(2) dt.16-02-2024 2/2 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. It is alleged that petitioners are driver and codriver of the vehicle in question. Petitioners have no concern with the alleged recovered liquor. In fact, seizure list is not prepared in accordance with law. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and manner of implication, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Supaul P.S. Case No. 644 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T