Md. Jubair @ Md. Jubair Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42649 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Md. Jubair @ Md. Jubair Alam, aged about 35 years, Male, son of Md. Rafique, resident of Village- Bahadurpur Chiknauta, P.S.- Baligaon, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47172 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Sonu Chaurasiya @ Sonu Kumar, aged about 30 years (Male), son of Shiv Kumar Bhagat, resident of Village- Sujawalpur, P.S.- Sakra, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 42649 of 2024) For the Petitioner/s :
Ms. Suruchi Anand, Advocate Ms. Nidhi Anand, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP (In CRIMINAL MISCELLANEOUS No. 47172 of 2024) For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-07-2024 Both the cases are taken up together for hearing as they are arise out of the same PS case number and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
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3. The petitioners apprehend arrest in connection with Baligaon PS Case No.36 of 2024 dated 18.04.2024, instituted under Sections 414/34 of the Indian Penal Code and Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.
4. The allegation is of recovery of 34.560 litres of foreign liquor from Alto Car bearing registration no. BR 01 AT 6428.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is further submitted that the nothing has been recovered from conscious possession of the petitioner. Recovery has been made from the Alto Car bearing registration no. BR 01 AT 6428. The said vehicle does not belong to the petitioners. Further submission is that the name of the petitioners has been disclosed by Pankaj Das, who was apprehended at the spot. Nothing has surfaced during investigation against the petitioners. Lastly, it is submitted that petitioner Md. Jubair @ Md. Jubair Alam has criminal antecedents and seven criminal cases are pending against him, whereas, petitioner Sonu Chaurasiya @ Sonu Kumar has clean antecedents.
6. Learned APP has opposed the prayer for bail.
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7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1 cum Additional District & Sessions Judge, Vaishali at Hajipur, in Baligaon PS Case No.
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8. The applications stand allowed.
(Khatim Reza, J) J. Alam/- U T