Patna High CourtCR. MISC./66457/2021bail rejected

Tauqir Alam v. The State Of Bihar

2022-05-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66457 of 2021 Arising Out of PS. Case No.-852 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.

TAUQIR ALAM SON OF IBRAR ALAM RESIDENT OF VILLAGERAGHUNATHPUR, P.S- RANIGANJ, DIST- ARARIA, BIHAR 2.

MD. ABDULLAH SON OF MD. SAMIM RESIDENT OF VILLAGEPAHUSARA, P.S- RANIGANJ, DIST- ARARIA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudama Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 909 litres of IMFL was recovered from the vehicle being driven by the petitioner no. 1 and in which the petitioner no. 2 was also present. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession or from the vehicle. They are in custody since 27.9.2021 and have no criminal antecedent.

Patna High Court CR. MISC. No.66457 of 2021(3) dt.16-05-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration recovery of 909 litres of IMFL from the vehicle being driven by the petitioner no. 1 and in which the petitioner no. 2 was also present and the petitioners being arrested on the spot along with the seized liquor, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

Liberty is granted to the petitioners to renew their prayer for bail on completing one year in custody. (Partha Sarthy, J) Spd/- U T