Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8564 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== 1.
AFTAB ALAM Son of Md. Asfak Alam Resident of village - Panjipara, Patharvasti Kolony More, P.S.- Gwalpokhar, District - Uttar Dinajpur (W.B.) 2.
Ranjit Mandal Son of Kartik Mandal Resident of village - Maldwar, P.S.- Gwalpokhar, District - Uttar Dinajpur (W.B.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners prayed for regular bail in connection with Raghopur P.S. Case no. 386 of 2022 instituted for the offence under Sections 414, 420 of the Indian Penal Code and Section 30(a), 38(I), 41(I) of the Bihar Prohibition and Excise Act.
As per prosecution story, after getting secret information about illegal trade of liquor, the informant along with police officials reached at place of occurrence and apprehended these petitioners. Upon search, total 226.60 liters illicit foreign liquor was recovered from a vehicle bearing
Patna High Court CR. MISC. No.8564 of 2023(2) dt.13-04-2023 2/3 registration no. BR-37F-3956 which was alleged to be driven by petitioner no.2.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that these petitioners have no concern with the alleged recovery of illicit liquor and so far as seized vehicle is concerned, the same belongs to FIR named co-accused namely, Rijwan. No any incriminating article has been recovered from conscious possession of the petitioners. Moreover, the petitioners are languishing in judicial custody since 13.10.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Raghopur P.S. Case No. 386 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8564 of 2023(2) dt.13-04-2023 3/3 satisfaction of learned Vth Additional Sessions Judge-cumSpecial Judge Excise, Supaul. (Sunil Kumar Panwar, J) Amandeep/- U T