Md. Firdous Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36703 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== 1.

MD. FIRDOUS ALAM S/o- Md. Daud Resident of Village- Zorabganj, P.S.- Korha, District- Katihar.

2.

Rahul Choudhary S/o- Late Akali Choudhary Resident of Village- Korha, Ward No. 03, P.S.- Korha, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with C.I. Case no. 28 of 2021 instituted for the offence under Sections 30(a) and 13 of the Bihar Prohibition & Excise Act. Prosecution case relates to recovery of 124.500 litres of IMFL from a tempo.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery or with the vehicle in

Patna High Court CR. MISC. No.36703 of 2021(2) dt.02-03-2022 2/2 question. The alleged tempo belongs to Daud Ali. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with C.I. Case No. 28 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Katihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U