Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19372 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== Md. Irfan, Son of Late Md. Naseem, R/o- Hajratganj Khankah Road, Ward no. 32, P.S- Kasimbazar Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sanokhar (Amdanda O.P.) P.S. Case No. 37 of 2023 dated 12.02.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 45.750 litres of Indian made foreign liquor from a motorcycle and as per allegation petitioner was apprehended with the said motorcycle carrying the alleged wine but there is no independent witness of the alleged recovery, the provisions of search and seizure under Section 100 of the Cr.P.C. were not followed by the police party and the alleged wine was not

Patna High Court CR. MISC. No.19372 of 2023(2) dt.09-05-2023 2/2 recovered from conscious possession of this petitioner and he has been languishing in jail since 13.02.2023 and against him the investigation has been completed and petitioner has been made accused mainly on account of being owner of the alleged motorcycle. Further submission is that against the petitioner there is criminal antecedent of one case in which he is on bail.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly completion of investigation against the petitioner and also the fact that the alleged recovery of wine was made before two police personnel who have been made witnesses of the seizure, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Sanokhar (Amdanda O.P.) P.S. Case No. 37 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T