Gulam Jilani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14044 of 2022 Arising Out of PS. Case No.-262 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== GULAM JILANI (Male), aged about 29 years, Son of Haroon, Resident of Village- Lalbara, Post- Dingarpur, P.S.- Tehsil Bilari, District- Muradabad, Uttar Pradesh.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Asif Kalim, Advocate For the Opposite Party :

Mr. Upendra Kumar,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Excise Case No. 262/2021 for the offence registered under Sections 30(a), 32, 38 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 1634.04 liters wine is recovered from the container of the Truck in question.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.14044 of 2022(2) dt.01-04-2022 2/3 petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 1634.04 liters wine is recovered from the container of the Truck in question. The petitioner is alleged to be the owner of the Truck in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, under Excise Act, Motihari, East Champaran, in connection with Excise Case No. 262/2021,

Patna High Court CR. MISC. No.14044 of 2022(2) dt.01-04-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T