Raushan Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.750 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- ARER District- Madhubani ====================================================== RAUSHAN SAFI Son of Lalit Safi Resident of Village - Yuniyan Tol Ward no.3, P.s.- Jayanagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Arer Police Station Case No. 120 of 2021, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, intercepted one tempo and recovered 268.5 litres of illicit liquor from the same and also arrested the driver of the tempo. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.750 of 2022(2) dt.25-05-2022 2/3 and he has falsely been implicated in this case by the police with oblique motive. He further submits that the petitioner is the owner -cum- driver of the tempo, which is a commercial vehicle, and he used to carry passengers in that tempo and was not aware as to which passenger had kept the illicit liquor in the said tempo. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 05.12.2021, having no criminal antecedent and charge sheet has already been submitted and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 05.12.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.750 of 2022(2) dt.25-05-2022 3/3 learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Madhubani, in connection with Arer Police Station Case No. 120 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √