Rijwan @ Rijwan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62156 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Rijwan @ Rijwan Ali S/o Late Babu Jan R/o Village- Dahibhatta, Takiya Tola, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 513 liters of liquor from a bamboo orchard of Saheb Singh.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from the conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of local person, but then it is submitted that the name of the local person, who disclosed the name of the petitioner is not disclosed in the

Patna High Court CR. MISC. No.62156 of 2024(2) dt.31-08-2024 2/2 FIR, which casts an aspersion on the case of the prosecution as police in majority of the case implicates either at the instance of Chowkidar, local person, confessional statement or secret information in a mechanical manner without holding a proper investigation. It is next submitted that petitioner is in custody since 25.07.2024.

5. The learned APP for the State opposes the regular bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Additional District and Sessions Judge-XIII-cumSpecial Judge, Excise Court No.1, Gopalganj in connection with Uchkagaon P.S. Case No. 112 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T