Anwar Miya @ Anwar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28590 of 2020 Arising Out of PS. Case No.-113 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ANWAR MIYA @ ANWAR HUSSAIN S/o Late Isha Miya Resident of Village-Dharopali, P.S.-Sahebganj, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Sahebganj PS Case No. 113/2020 registered for the offence punishable under Sections 272, 273, 414 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation, as per First Information Report, is that the police on the basis of confidential report proceeded towards the place of occurrence and recovered total quantity of 2100.390 litres of illicit liquor from twelve different vehicles standing near the garden of one Devendra Singh.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of his name having been disclosed by Chaukidar. Learned counsel further submits

Patna High Court CR. MISC. No.28590 of 2020(2) dt.24-11-2020 2/2 that petitioner has got no criminal antecedents and he is not the owner of the vehicles standing near the garden of Devendra Singh. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to the petitioner.

5. Learned counsel also submits that petitioner is in custody since 22.06.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to the petitioner and the petitioner is in custody since 22.06.2020, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, ANWAR MIYA @ ANWAR HUSSAIN be released on bail on 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 Act, Muzaffarpur in connection with Sahebganj PS Case No. 113/2020.

8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T