Rizwan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24331 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- TERHAGACHH District- Kishanganj ====================================================== RIZWAN ALAM S/O Md. Raja Hussain @ Md. rja Hussain R/O- Ward No.- 1, Fulwari Dahibhat, Hatgaon, P.S.- Teragachh, District - Kishanganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.K. Lal For the Opposite Party/s :

Ms. Madhiri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner apprehends his arrest in connection with Terhagacch Police Station Case No. 12 of 2020, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police intercepted the motorcycle of the petitioner, but he fled away and the police recovered a total quantity of 03 litres of illicit liquor from the said motorcycle.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and on the alleged date of occurrence, the petitioner was involved in the marriage of his

Patna High Court CR. MISC. No.24331 of 2020(2) dt.29-09-2020 2/2 sister and the motorcycle in question was taken by some family members from the house of the petitioner and the petitioner has no knowledge that illicit liquor was being carried on his motorcycle. He further submits that illicit liquor has not been recovered from the possession of the petitioner. After having heard learned Counsel for the parties and taking into consideration the materials on record, I am inclined to grant the petitioner privilege of anticipatory bail. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Kishanganj, in connection with Terhagacch Police Station Case No. 12 of 2020. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √