Md. Firoj @ Md. Firoz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53663 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- JOGBANI District- Araria ====================================================== Md. Firoj @ Md. Firoz S/o Riyaj R/o vill - Khairkhan, P.S. - Forbesganj, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Jogbani P.S. Case No. 67 of 2024 dated 22.03.2024, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. The allegation is of recovery of 18 litres Nepali country made liquor from the possession of Runna Devi (passenger), who was travelling in the tempo of petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the driver of the said tempo from which 18 litres Nepali country made liquor has been recovered. It is next submitted that petitioner has no
Patna High Court CR. MISC. No.53663 of 2024(2) dt.28-08-2024 2/2 concern with the illicit liquor. The said liquor was recovered from Runna Devi, who was travelling in the tempo. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jogbani P.S. Case No. 67 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. cum Special Judge Excise-II, Araria, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T