Murshid Alam @ Md Murshid Alam @ Munna Bhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25344 of 2023 Arising Out of PS. Case No.-804 Year-2020 Thana- BANKA District- Banka ====================================================== Murshid Alam @ Md Murshid Alam @ Munna Bhai Son Of Late Md. Alim R/O Village- Farsara, P.S.- Dalkola, District- Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a), 32, 34 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 3126.01 liters of illicit foreign liquor from a Truck bearing registration No. HR58B3758. The driver and Khalasi of the said Truck namely Shadab and Omprakash apprehended on the spot who disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery or with the vehicle in

Patna High Court CR. MISC. No.25344 of 2023(4) dt.23-08-2023 2/2 question. The name of the petitioner has been disclosed in this case on the basis of confessional statement of apprehended coaccused Shadab before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 20.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-II, Banka in connection with Banka (Barahat) P.S. Case No. 804 of 2020.

(Sunil Kumar Panwar, J) lata/- U T