Imtiyaj Alam @ Md Imtiyaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30944 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- DAGARUA District- Purnia ====================================================== IMTIYAJ ALAM @ MD IMTIYAJ ALAM SON OF MD. JIVRAHIL R/O VILLAGE- LOKAHI (LAUKAHI), WARD NO.10, P.S.- BIHRA, DISTRICT- SAHARSA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2022 Heard Ms. Rashmi Jha, learned Advocate for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Dagarua P.S. Case No. 193 of 2020 dated 12.11.2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

173.41 litres of liquor is said to have been recovered from a secret chamber of the trailor of a vehicle of which the petitioner is stated to be the owner. Learned counsel for the petitioner has submitted that he is the owner of the vehicle in question but had given it on rent under an agreement to one Lallan Kumar, who has unauthorizedly carried liquor in

Patna High Court CR. MISC. No.30944 of 2021(2) dt.17-01-2022 2/2 the vehicle. The petitioner had no idea that his vehicle shall be used for such unauthorized purpose.

The petitioner has clean antecedents.

On these facts, it has been urged that no case under the Excise Act can at all be said to have been made out against the petitioner.

For the facts aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Purnia in connection with Dagarua P.S. Case No. 193 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T