Patna High CourtCR. MISC./59458/2023allowed

Wasim Alam v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59458 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Wasim Alam S/O Late Md Noor Alam R/O Village- Beldor, Ps. Hariharganj, Dist. Palamu (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard 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. Prosecution case relates to recovery of 69.12 liters of country made liquor from a motorcycle bearing Registration No. AP28DH2318.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. It is further submitted from para-9 of this petition that the motorcycle from which the

Patna High Court CR. MISC. No.59458 of 2023(2) dt.08-09-2023 2/2 aforesaid liquor was recovered belongs to one Javed Akhtar and is registered in the name of Javed Akhtar. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amba P.S. Case No. 152 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise I, Aurangabad.

(Sunil Kumar Panwar, J) shubham/- U T