Md. Rizwan Alam @ Toni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16992 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== Md. Rizwan Alam @ Toni S/O Yunus Alam, Resident of Village- Gorikitta, P.S.- Mahgama, Dist.- Godda, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Sabour P.S.Case No.453 of 2024 registered for the offences punishable under Sections 30(a) and 32(2) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the allegation made in the FIR, altogether 166.17 ltrs. of foreign liquor has been recovered from a Car bearing Registration No.BR01BL 6709.

4 Learned counsel appearing on behalf of the petitioner submitted that the petitioner has clean antecedent and he has no connection with the co-accused Md. Saddam, who has disclosed the name of the petitioner in his confessional statement before the police, however, such confessional statement has no evidentiary value. On these grounds, the

Patna High Court CR. MISC. No.16992 of 2025(2) dt.16-04-2025 2/2 petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR and the confessional statement of coaccused Md. Saddam, in which he has disclosed the name of the petitioner and stated that he works of illegal trade of liquor behalf of the petitioner, learned district court is directed to call for the report from the District Transport Officer on the basis of the registration number, engine number and the chassis number of the vehicle and if it is found that the vehicle in no manner is connected with the petitioner, the petitioner is directed to be released on pre-arrest bail in connection with Sabour P.S.Case No.453 of 2024.

8. With the above observation/direction, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U