Patna High CourtCR. MISC./60846/2023allowed

Faiyaz Alam v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60846 of 2023 Arising Out of PS. Case No.-459 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Faiyaz Alam Son Of Diljan Miyan R/O Village _ Ojhwalia Ward No. _ 17 P.S. _ Bairiya Dist. _ West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Kirti For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, the petitioner along with co-accused is alleged to have apprehended along with a motorcycle from whose possession, 6.855 liters of Foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.60846 of 2023(2) dt.22-09-2023 2/2 recovery of illicit liquor or with the motorcycle in question. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.6.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town P.S. Case No. 459 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 Exclusive Special Judge, Excise, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Manishkr/- U T