Patna High CourtCR. MISC./42983/2024bail rejected

Tafejul @ Md. Tafijul @ Mohammad Tafejul v. The State Of Bihar

2024-07-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42983 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- Marnga District- Purnia ====================================================== Tafejul @ Md. Tafijul @ Mohammad Tafejul son of Late Sarfuddin VillageRampur Tola Maldiha Ps- Raniganj Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maranga P.S. Case No.47 of 2024 lodged under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the F.I.R. has been lodged against nine named accused persons including the petitioner against whom there is allegation of recovery of total 944.4 litres foreign liquor has been made from the vehicle which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing has been recovered from conscious possession of the petitioner and petitioner is neither driver nor owner of the

Patna High Court CR. MISC. No.42983 of 2024(2) dt.20-07-2024 2/2 seized vehicle.

Counsel for the petitioner submits that petitioner is in custody since 05.04.2024 having three criminal antecedent in which he is on bail.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner was sitting on the vehicle from where the alleged recovery has been made.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail 6 (six) months after framing of charge.

(Dr. Anshuman, J.) Prakashmani/- U T