Md Perwez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17515 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Md Perwez Son Of Abul Hassan R/O Village- Paharia, P.S.- Baisi, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 112.50 litres of illicit liquor

Patna High Court CR. MISC. No.17515 of 2021(2) dt.15-12-2021 2/3 from a four wheeler vehicle bearing registration No. BR11PB-0361.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the possession of the petitioner. Moreover, the vehicle in question does not belong to the petitioner rather one Sajid Akhtar is the registered owner of the vehicle in question. A document to that effect has been brought on record. Let it be kept on record. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in

Patna High Court CR. MISC. No.17515 of 2021(2) dt.15-12-2021 3/3 connection with Dagarua P.S. Case No. 233 of 2020, Special Excise Case No. 603 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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