Md. Iqbal Alam @ Md. Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68802 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- SHRIKRISHNAPURI District- Patna ====================================================== MD. IQBAL ALAM @ MD. IQBAL Son of Md. Nayeem Resident of North Jai Prakash Nagar, Neta Jee Lane, Patna P.S.- Rajeev Nagar, District - Patna, State - Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 6.5 litres of liquor from Phalak Singh, Chandan Kumar, Nishant Kumar, Piyush Anand and Abhyas Kumar and further 98.625 litres liquor is alleged to have been recovered from the petitioner's room as such total recovery is of 105.125 litres of liquor.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.68802 of 2021(2) dt.24-06-2022 2/2 was recovered from his conscious possession and the room from which the alleged liquor was recovered does not belong to the petitioner rather the same belongs to Vijay Kumar Sharma in whose house the petitioner was a tenant, it is next submitted that name of the petitioner transpired in the confessional statement of Piyush Anand which has no evidentiary value. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact the petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shri Krishnapuri P.S. Case No. 63 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T