Noor Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20980 of 2022 Arising Out of PS. Case No.-580 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== Noor Islam, Son Of Lachachu Islam Resident Of Village - Boalmari Goalpokhar, P.S.- Goalpokhar, District - Uttar Dinajpur, (W.B.) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 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, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 573.75 litres of liquor from a Tata pick-up from NH-31.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the alleged vehicle is a commercial vehicle and the petitioner being owner came to be implicated despite the fact

Patna High Court CR. MISC. No.20980 of 2022(2) dt.28-09-2022 2/2 that petitioner was completely unaware that the driver has misused the vehicle for such illegal purpose. It is also submitted that at the cost of repetition that petitioner is a person with clean antecedent.

The learned Additional Public Prosecutor opposes the anticipatory 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 from today, 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 learned Court below where the case is pending in connection with Kishanganj P. S. Case No.580 of 2017, Special Case No.462 of 2017, 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