Aarif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 71663 of 2022 Arising Out of PS. Case No.-174 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== AARIF Son of Khilafat Ajrada @ Khilafat R/o- Ajrada, P.S.- Mandaali, District- Meerut, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Shekhar Pandey For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner prayed for regular bail in connection with Hajipur Sadar P.S. Case no. 174 of 2020 instituted for the offence under Section 414 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of huge quantity of total 3244 liters country made foreign liquor from a truck bearing Registration no. UP15ET-0507.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He he has falsely been implicated in this present case. He has got no criminal antecedent. It is further submitted that
Patna High Court CR. MISC. No. 71663 of 2022(2) dt.06-01-2023 2/3 the petitioner is owner of the said vehicle from where the recovery has been made but he has no concern with the alleged recovery of illicit liquor. He has never involved in the business of carrying illicit liquor and nothing incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 29.8.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
The petitioner is directed to deposit a sum of Rs 25,000/- (Twenty Five Thousand) in the District Legal Services Authority of concerned District.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur P.S. Case No. 174 of 2020 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 Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur.
The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 25,000/- (Rs. Twenty Five thousand) by the petitioner in the
Patna High Court CR. MISC. No. 71663 of 2022(2) dt.06-01-2023 3/3 account of the concerned DLSA.
(Sunil Kumar Panwar, J) amandeep/- U T