Firoz Alam @ Firoj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14223 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== FIROZ ALAM @ FIROJ ALAM S/o Jafurul Alam R/o Village- Gandhipath, P.S.- Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2020 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Special (Excise) Case No. 507 of 2019, arising out of Excise Case No. 141 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the learned Additional Sessions Judge-II-cum-Special Judge, Saharsa.

The accusation is that in course of movement of the excise officials for checking of preparation and selling of illicit liquor, one vehicle was seen moving. On giving signal to stop the vehicle, the driver of the vehicle got down from the vehicle and succeeded to flee away taking advantage of the night. On search of vehicle bearing registration No. BR19D-

Patna High Court CR. MISC. No.14223 of 2020(2) dt.12-06-2020 2/2 0407, one carton containing 24 bottles of 375 ML wine recovered.

Submission is that it would appear from the complaint of the excise officials that from the vehicle bearing registration No. BR19D-0407, one carton containing 24 bottles of 375 ML wine recovered, which is belonging to the petitioner. Further submission is that, in fact, at the time of occurrence, the vehicle of the petitioner was being driven by driver Hareram and petitioner had no knowledge about carrying of liquor on his vehicle. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T