Md. Subhan @ Md. Arfaque @ Md. Arfaque Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55614 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- GORAUL District- Vaishali ====================================================== MD. SUBHAN @ MD. ARFAQUE @ MD. ARFAQUE HUSSAIN SON OF MD. IBRAHIM R/O VILL- BEGAMPATTI, PS- GORAUL (KATAHRA OP), DIST- VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Altogether 44.645 litres foreign liquor has been recovered from the place of occurrence. One person was apprehended on the spot and disclosed the name of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.55614 of 2023(2) dt.10-10-2023 2/3 physical possession of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. He has been made accused in the present case merely on the basis of the confessional statement of the apprehended co-accused. Petitioner has two criminal antecedents as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in
Patna High Court CR. MISC. No.55614 of 2023(2) dt.10-10-2023 3/3 connection with Goraul (Katahra O.P.) P.S. Case No. 298 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) divyanshi/- U T