Murtuza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38904 of 2024 Arising Out of PS. Case No.-212 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== Murtuza S/o Abdul Salam @ A. Salam R/o Village-Gauspur, P.s.-Sarai, District-Bagpat, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Asif Kalim For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(i) of Bihar Prohibition and Excise Act.
3. As per F.I.R., 3456 liters of foreign liquor has been recovered from a truck and one co-accused was apprehended on spot, who disclosed the name of petitioner and others, who brought the aforesaid liquor, and fled away from the spot.
4. It is submitted on behalf of petitioner that nothing article has been recovered from the conscious possession of petitioner and has been made accused in this case only on the
Patna High Court CR. MISC. No.38904 of 2024(2) dt.13-09-2024 2/2 basis of confessional statement of co-accused, who was apprehended on spot. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the nature of accusation and clean antecedent, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 212 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T