Patna High CourtCR. MISC./55937/2023bail granted

Md. Zubair Alam @ Zubair Alam v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55937 of 2023 Arising Out of PS. Case No.-241 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Md. Zubair Alam @ Zubair Alam, Son Of Hajrat Umar Village- Baniyatola Shikarpur Ps- Shikarpur Dist- Uttar Dinajpur W.B ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 120(B) of the I.P.C. and Sections 30(a), 32, 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 675 litres of liquor from a Bolero pick-up vehicle and 36 litres of liquor from a Tata Car.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.55937 of 2023(2) dt.25-08-2023 2/2 implicated based on confessional statement of Amar Kumar and Saurabh Kumar in police custody, which does not have any evidentiary value. It is next submitted that petitioner is not the owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Begusarai in connection with Sahebpur Kamal P. S. Case No.241 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T