Md. Murtaza @ Md. Murtuza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8777 of 2020 Arising Out of PS. Case No.-177 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== MD. MURTAZA @ MD. MURTUZA Son of Md. Sattar Resident of Village - Chakbhikhi, P.S.- Maniyari, District - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Excise case no. 177 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1254.780 liters of illicit liquor from a truck standing near the Chakbhikhi school. The police had arrested the co-accused persons, who had taken the name of the petitioner herein to be the person whose liquor was being carried in the said truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, is having a clean

Patna High Court CR. MISC. No.8777 of 2020(2) dt.29-02-2020 2/3 antecedent and has been falsely implicated in the present case. It is further submitted that in the supplementary affidavit filed today, it has been categorically stated in paragraph no. 3 that the alleged vehicle/ truck does not belong to the petitioner. Lastly, it is submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from his vehicle or from his truck, hence no case is made out under the provisions of the Bihar Prohibition and Excise Act, 2016.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner as also taking in account the fact that prima facie, no case is made out as against the petitioner herein under the provisions of the Bihar Prohibition and Excise Act, 2016, upon a bare perusal of the FIR, as far as consideration of the present petition is concerned, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.8777 of 2020(2) dt.29-02-2020 3/3 Act, Muzaffarpur in connection with Excise case no. 177 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T