Umar Farukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10607 of 2020 Arising Out of PS. Case No.-1450 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Umar Farukh S/o Abdul Rahman Resident of Village- Daulatpur Dalkhola, P.S.- Kalkhola, Distt- Uttar Dinajpur (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Ahiyapur P.S. Case No. 1450 of 2019, disclosing the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 36, 38 and 41 of Bihar Prohibition and Excise Act, 2016. From a truck bearing registration No. WB23A-9698, 7800 litres of raw spirit was recovered. The driver and the cleaner of the truck were arrested on the spot who are said to have disclosed the name of petitioner as the person on whose behalf they were carrying the illicit liquor. Learned counsel appearing on behalf of the petitioner has submitted that it is evident from the First Information

Patna High Court CR. MISC. No.10607 of 2020(3) dt.19-03-2020 2/2 Report that there is no recovery from his possession and his implication is based only on a disclosure made by the persons who were apprehended. It has been stated in paragraph-3 of the application that the petitioner has no criminal antecedent. Considering the above submission and nature of accusation, this application is allowed. Let the petitioner, abovenamed, 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 learned Special Judge (Excise Act), Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1450 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T