Patna High CourtCR. MISC./68101/2023bail granted

Md. Afsar @ Md. Afsar Alam v. The State Of Bihar

2023-11-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68101 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== MD. AFSAR @ MD. AFSAR ALAM S/O MD. AJMAL R/O VILLAGESHARIFGANJ, P.S- TOWN, DISTT.- KATIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner apprehends arrest in connection with Nagar P.S. Case No. 565 of 2022 registered for the offences under Section 30(a) Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that from perusal of the seizure list, it appears that the alleged recovery of illicit liquor has been made from a malgodam situated near Manihari Station. Nothing has been recovered from the conscious possession of the petitioner.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the

Patna High Court CR. MISC. No.68101 of 2023(2) dt.01-11-2023 2/2 petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. 2, Katihar in connection with Nagar P.S. Case No. 565 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) tusharika/- U T