Md. Faruque @ Faruq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33069 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- RAUTA District- Purnia ====================================================== MD. FARUQUE @ FARUQ, Son of Late Md. Hasibul @ Habib Resident of Village- Chhoti Pandarpur, P.S.- Routa, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-03-2021 Heard Mr. Praveen Kumar Agrawal, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Routa P. S. Case No. 69 of 2020, dated 08.07.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

A secret information was received in the local police station that two persons, one being the petitioner, are travelling by road, carrying liquor from West Bengal

Patna High Court CR. MISC. No.33069 of 2020(2) dt.09-03-2021 2/3 to sell it in their village.

During an attempt to intercept the vehicles, two persons are said to have fled away, leaving behind their vehicle. One of them was identified to be the petitioner by the local person. From the two vehicles, approximately 8 litres of liquor is said to have been recovered.

The learned counsel for the petitioner has submitted that his identification appears to be mistaken as neither of the vehicles found at the place of occurrence belongs to him.

The petitioner has clean antecedents.

Considering the afore-stated facts as also taking into account the fact that nothing has been recovered from the possession of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the

Patna High Court CR. MISC. No.33069 of 2020(2) dt.09-03-2021 3/3 sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Purnea, in connection with Routa P. S. Case No. 69 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T