Arbi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60780 of 2023 Arising Out of PS. Case No.-717 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== Arbi Alam Son Of Md. Mashud @ Md. Mashahur Resident Of Village - Jhumka, Police Station - Sikta, District - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 37 Bihar Prohibition and Excise Act.

As per prosecution case, the petitioner and coaccused person along with a motorcycle was apprehended on the spot and from possession of co-accused 300 ML. Nepali liquor was recovered. It is further alleged that after breath analyzer test, it came into light the petitioner had consumed liquor.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.60780 of 2023(2) dt.22-09-2023 2/2 falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. It is further submitted that nothing has been recovered from his conscious possession. The seizure list has not been prepared as per provision of law. Moreover, the petitioner is languishing in judicial custody since 10.07.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Bettiah Excise P.S. Case No. 717 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 concerned Court.

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