Md. Taiyak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70078 of 2021 Arising Out of PS. Case No.-172 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== MD. TAIYAK S/O MD. AJIT R/o village- Lelan Colony Matigara, P.S.- Matigara, District- Darjeelingh (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with C-1 Case No. 172 of 2021 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, Excise Officials on secret information intercepted one Maruti Car bearing Registration No. WB26C8872 coming from West Bengal and recovered 93 liters of illicit foreign liquor. On the alleged date and time of occurrence the vehicle was being driven by the petitioner. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated by the police with oblique

Patna High Court CR. MISC. No.70078 of 2021(2) dt.24-05-2022 2/3 motive. Learned counsel also submits that no illicit liquor has been recovered from the conscious possession of the petitioner. Learned counsel next submits that petitioner is the driver of the Maruti Car and he was driving the same at the instance and instruction of its owner who was also sitting in the vehicle at the relevant time and petitioner was not aware about illicit foreign liquor kept in the dickey of the Maruti Car. Learned counsel further submits that during search and seizure procedures prescribed under Section 100 of the Cr.P.C. and the Excise Act have not been followed. The petitioner has got clean antecedent, he is in custody since 24-09-2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration material on record, the fact the petitioner has got clean antecedent, he is in custody since 24/09/2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand ) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.70078 of 2021(2) dt.24-05-2022 3/3 satisfaction of learned Special Judge (Excise) Purnea in connection with C-1 Case No. 172 of 2021.

(Anil Kumar Sinha, J) praful/- U