Ajiur Rahman @ Azziur Rahman @ Azizur Rahman @ Ajijur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29944 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Ajiur Rahman @ Azziur Rahman @ Azizur Rahman @ Ajijur Rahman, Son of Ataur Rahman @ Attaur Rahman, Resident of village-Mulapur, PostRithour, Tahsil and P.S.- Hafijganj, District - Barelly (U.P.). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Durgawati P.S. Case No.256 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accused/petitioner is named in the FIR and is in custody since 05.04.2023.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where there was recovery of 2601.360 litres of illicit IMFL/countrymade liquor.

Patna High Court CR. MISC. No.29944 of 2023(3) dt.04-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is the owner of the alleged vehicle, and no illicit liquor as alleged recovered from possession of this petitioner. It is further submitted that seizure list appears disputed being not supported by independent witnesses, rather by police personnels. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer for grant of bail to the petitioner.

In view of above-mentioned facts and circumstances, as alleged illicit liquor not appears to be recovered from petitioner, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 05.04.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise No.II, Kaimur at Bhabua in connection with Durgawati P.S. Case No.256 of 2022, subject to the conditions as laid down

Patna High Court CR. MISC. No.29944 of 2023(3) dt.04-07-2023 3/3 under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T