Zulfikar Ali @ Zulfekar Alam @ Zulfekar @ Zulfed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14554 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- PALASI District- Araria ====================================================== Zulfikar Ali @ Zulfekar Alam @ Zulfekar @ Zulfed son of Zahiruddin @ Jaheeruddin Village- Gamhariya Ps- Terhagachh Dist- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Naushaduzzoha, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 18 liters of liquor from the motorcycle.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the any of the seized motorcycle and he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value.
5. The learned APP for the State opposes the
Patna High Court CR. MISC. No.14554 of 2024(2) dt.11-03-2024 2/2 anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, 2nd, Araria in connection with Palasi P.S. Case No.310 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T