Firoj @ Md Firoj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8880 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Firoj @ Md Firoj Alam Son of Md. Aiyub Resident of Village- Denga, P.S.- Palasi, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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

The petitioner seeks bail in connection with Special Case No. 482 of 2021 arising out of Kochadhaman P.S. Case No. 293 of 2021 lodged under Sections 272, 273, 420 of the Indian Penal Code read with Sections 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent having no criminal antecedent, he is in custody since 28.01.2022, total recovery is alleged to be made in the F.I.R. 131.250 liters of illicit foreign wine. Learned counsel further submits that nothing was recovered from his

Patna High Court CR. MISC. No.8880 of 2022(2) dt.22-06-2022 2/2 conscious possession and alleged recovery is a gross violation of Section 100 of Cr.P.C. He also submits that petitioner has clean antecedent.

Learned A.P.P. opposes the prayer for bail of the petitioner.

In the present facts and circumstances that the chargesheet has already been filed in this case and petitioner is in custody since 28.01.2022 having clean antecedent, let the petitioner, above named, be granted bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum-Special Judge (Excise), Kishanganj in connection with Special Case No. 482 of 2021 arising out of Kochadhaman P.S. Case No. 293 of 2021.

(Dr. Anshuman, J) ved/- U T