Naiyar @ Md. Naiyar @ Md. Naiyar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39435 of 2021 Arising Out of PS. Case No.-334 Year-2021 Thana- ARARIA District- Araria ====================================================== NAIYAR @ MD. NAIYAR @ MD. NAIYAR ALAM S/O MD. AMINUDDIN @ ALIM R/O VILLAGE-RANGDAHA, P.S-ARARIA (BAIRGACHHI), DISTRICT-ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2022 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Araria (Bairgachhi) P.S. Case No. 334 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is that the Police on the basis of secret information raided the under constructed house of co-accused Md. Tohid and recovered 264.180 litres of illicit liquor from the same. It has further been alleged that the informant came to know that the petitioner and Md. Tohid were indulged in liquor

Patna High Court CR. MISC. No.39435 of 2021(2) dt.24-01-2022 2/3 business.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information received by the Police. No liquor has been recovered either from conscious possession of the petitioner or the premises belonging to him. Learned counsel further submits that co-accused Md Tohid from whose under constructed house, the illicit liquor was recovered, has been granted bail by a coordinate Bench of this Court in Cr. Misc. No.41669 of 2020. The petitioner is in custody since 23.4.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no illicit liquor has been recovered either from conscious possession of the petitioner or the premises belonging to him, other co-accused person has been granted bail by a coordinate Bench of this Court, charge sheet has already been submitted and the petitioner is in custody since 23.4.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twentry thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.39435 of 2021(2) dt.24-01-2022 3/3 the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Araria (Bairgachhi) P.S. Case No. 334 of 2021, Special Case No. 451 of 2021. 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) S.Ali/- U T