Firasat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19203 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== FIRASAT Son of Sarafal Khan Resident of jiyarat Shree Mian, P.S.- Vilashpur, District- Rampur (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate.

For the Opposite Party/s :

Mr.Ansar Ul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Hajipur P.S. Case No. 24 of 2019, instituted for the offence under Section(s) 414/34 of Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Amendment Act.

It is alleged in the written report that on receiving secret information that two trucks loaded with illegal foreign liquors will be passing near Harauli Budhimai temple, the informant along with Police personnel reached the place of occurrence. On seeing the policy party some accused persons managed to run away. Two persons were apprehended by the police who disclosed their name as Md. Salim Hussain and Md. Firasat (petitioner). It is further alleged that on search of truck

Patna High Court CR. MISC. No.19203 of 2019(2) dt.29-03-2019 2/2 bearing registration No. JH-05W-5498, 4775 litres and from another truck bearing registration No. GJ-21V-7470, 1092.6 litres of foreign liquors has been recovered. The petitioners were arrested from the truck bearing registration No. JH-05-5498 and from their possession driving licence, Mobile phones etc. were recovered. The petitioner and other apprehended persons disclosed the name of owner of truck bearing registration No. JH-05W-5498 as Md. Wasim of U.P. They also disclosed that all the consignment belongs to Md. Wasim and he commanded them to carry both the trucks to Muzaffarpur. Keeping in view the recovery of huge quantity of foreign liquor from the trucks, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer of the petitioner for grant of bail stands rejected.

Petitioner will be given liberty to renew his prayer for bail after six months in the event no substantive progress is made in the trial.

(Sanjay Priya, J) S.Ali/- U T