Tauqir Alam @ Taukir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45263 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== TAUQIR ALAM @ TAUKIR ALAM Son of Shivali Hasan @ S. Hasan Resident of Village- Mungeriganj, Main Road, Infront of Bhola Market, Ward No. -32, P.S.- Town, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks. The petitioner is apprehending his arrest in connection with Excise Complaint case No.171C2 of 2020 registered under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 60 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 60 liters wine is recovered from the motorcycle. The petitioner is alleged to be

Patna High Court CR. MISC. No.45263 of 2021(2) dt.01-11-2021 2/2 the owner of the motorcycle in question. The petitioner had given the motorcycle to the co-villager for his personal use. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IIcum-Special Judge, Excise Act, Lakhisarai in connection with Excise Complaint case No.171C2 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T