Md. Firoz Alam @ Md. Bablu Firoz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44097 of 2023 Arising Out of PS. Case No.-221 Year-2020 Thana- COMPLAINT CASE District- Jamui ====================================================== MD. FIROZ ALAM @ MD. BABLU FIROZ son of Kudris @ Md. Kudris @ Md. Khudrish Mohalla- Purani Bazar Thana Chowk PS Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023
1. 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 offences punishable under Sections 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 8 liters of liquor from a Honda motorcycle.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated being owner of the alleged motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.44097 of 2023(2) dt.14-07-2023 2/2 against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that his friend Kailash would misuse the vehicle in the manner as alleged.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Official Complaint Case No. 221C2/2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T