Mohammad Faisal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51087 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== MOHAMMAD FAISAL, Son of Binul Haque Resident of Bihari Sao Lane, Police station- Pirbahore, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case no. 155 of 2019 (Spl. Case No. 4885 of 2019, registered under Section 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about keeping of illicit liquor in Wagon-R by Laljit in front of P.K. Furniture, Bakrimandi, Saidpur canal road. The informant along with other Police personnel reached there then saw a Wagon-R bearing registration No. BR-01DW-8256 standing there. On search of said vehicle, 60 bottles, each containing 750 ML, 960 pouches, each containing 180 ML, 48 bottles, each containing 500 ML India made foreign liquor recovered. The local people, secretly, disclosed that Laljit

Patna High Court CR. MISC. No.51087 of 2019(2) dt.17-08-2019 2/2 Prasad, who used to reside in the house of Vijay Sah situated near the P.K. Furniture and Sonu Kumar along with driver/owner of Wagon-R bearing registration No. BR-01DW8256 are involved in business of liquor. Learned counsel for the petitioner submits that, in fact, petitioner is the owner of the seized Wagon-R bearing registration No. BR-01DW-8256. On the date of occurrence, Laljit Prasad had taken the said vehicle from the petitioner and petitioner has no knowledge about keeping of seized liquor in the vehicle. The petitioner has no criminal antecedent.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Spl. Judge, Excise, Patna in connection with Bahadurpur P.S. Case no. 155 of 2019 (Spl. Case No. 4885 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T