Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21054 of 2023 Arising Out of PS. Case No.-42 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Naushad Alam, Son Of Mohammad Ramajan Ali Resident Of Madarsa Road Presently Ajmer Nagar, Nawadih Road, P.S. - Town, District - Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 375 ml litre of liquor from a car and two persons were apprehended, who were found drunk.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner had sold the car to Md. Saif Ali and the

Patna High Court CR. MISC. No.21054 of 2023(2) dt.15-05-2023 2/2 agreement of sale which was in the car, based on that the police suspected the petitioner to be involved in the offence. The learned counsel next submits that no prudent man would use his own vehicle for committing a crime and thus, get implicated easily.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Aurangabad in connection with Town P. S. Case No.42 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T