Md Umar Faruk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67368 of 2021 Arising Out of PS. Case No.-217 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== MD UMAR FARUK Son of Md. Abdul Salam, Resident of Vill- Padal Kudwa, P.S.- Lower Bazar, Dist- Ranchi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyajeet Pandey, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-06-2022 Heard.

The petitioner seeks regular bail in connection with Dehri Nagar P.S. Case No. 217 of 2021, registered for the offence punishable under sections 30 (a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the police having intercepted two vehicles and upon search 420 liters of illicit liquor was recovered from the said vehicles. The petitioner is stated to be sitting in the one of the vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case is having a clean antecedent and is languishing in custody since 13.04.2021. The learned counsel for the petitioner has further submitted that the fact is that neither the illicit liquor nor the vehicles in question belong to the petitioner and he had merely taken lift in one of the vehicle. Lastly it is submitted that similarly

Patna High Court CR. MISC. No.67368 of 2021(3) dt.07-06-2022 2/2 situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.04.2022 passed in Cr. Misc. No. 53869 of 2021. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional Sessions Judge-II cum Special Judge, Excise, Rohtas at Sasaram in connection with Dehri P.S. Case No. 217 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T