Md. Sarfaraz Alam @ Md. Sarfaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44567 of 2022 Arising Out of PS. Case No.-759 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== MD. SARFARAZ ALAM @ MD. SARFARAJ ALAM SON OF MD. MUMTAZ ALAM R/O BABUGANJ, P.S.- KOILWAR, DISTRICTBHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fahad Khurshid, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Ara Nawada P.S. Case No. 759 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that petitioner is not named in the first information report. The petitioner has got no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is the

Patna High Court CR. MISC. No.44567 of 2022(4) dt.10-04-2023 2/2 owner of the vehicle from where the recovery of alleged foreign liquor has been made. Hence, petitioner does not deserve the privilege of anticipatory bail.

Having considered the facts and circumstances of the case, nature of the allegation and the submissions advanced on behalf of the parties, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) utkarsh/- U T