Md. Sarfaraz @ Md. Chand @ Jalla Mian @ Jarnhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59606 of 2023 Arising Out of PS. Case No.-34 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== MD. SARFARAZ @ MD. CHAND @ JALLA MIAN @ JARNHWA Son of Md. Raquid Khan @ Akokhan RESIDENT OF KAGHZI MULLAH, PS - BIHAR SHARIF, DISTRICT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Prasad For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of incriminating wine along with one motorcycle from possession of co-accused and this petitioner is alleged to have indulged in illicit trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of confessional statement of

Patna High Court CR. MISC. No.59606 of 2023(2) dt.08-09-2023 2/2 apprehended co-accused Manish Kumar. The petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 26.5.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sohsarai P.S. Case No. 34 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-Excise-IInd, Bihar Sharif, Nalanda. (Sunil Kumar Panwar, J) Amandeep/- U T