Md. Raja @ Arman Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70395 of 2022 Arising Out of PS. Case No.-733 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== MD. RAJA @ ARMAN ALAM Son of Md. Afjal @ Afjal Miya Resident of Kila Mohalla, Ward No. 20, Dwardevi Chowk, P.S- Bettiah (Town) Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

Altogether 27.720 litres of foreign liquor is said to have been recovered from the spot. The allegation against the petitioner is that after seeing police, he fled away from the spot throwing the bag from which the illicit liquor was recovered. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of secret information. Petitioner has neither been

Patna High Court CR. MISC. No.70395 of 2022(2) dt.23-12-2022 2/3 apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. He further submits that the said illicit liquor has been recovered at Naurangabad Pioneer coaching gali and petitioner has no concern with it. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bettiah (Town) P.S. Case No.733 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

Patna High Court CR. MISC. No.70395 of 2022(2) dt.23-12-2022 3/3 (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) shikha/- U T