Patna High CourtCR. MISC./21758/2021allowed

Md. Irshad @ Md. Irsad v. The State Of Bihar

2022-01-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21758 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== MD. IRSHAD @ MD. IRSAD SON OF MD. SULEIMAN R/O WARD NO. 04, SHILALNATH RUPAULI, P.S. JANAKINAGAR, DISTRICT- PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with CI Case No. 220 of 2020 corresponding to Excise Case No. 09 of 2021 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Although the vehicle in question belongs to the petitioner but he had employed one Pawan Kumar Sharma to ply the vehicle for delivering and picking up goods, as stated in paragraph 6 of the petition. It

Patna High Court CR. MISC. No.21758 of 2021(2) dt.28-01-2022 2/2 is further submitted that the driver has not stated that he was doing such work on the instructions of the owner. Petitioner is a man of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing of his personal bond to the satisfaction of Special Judge, Excise, Purnia in connection with C I Case No. 220 of 2020 corresponding to Excise Case No. 9 of 2021 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T