Md Afroz @ Afroz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72384 of 2023 Arising Out of PS. Case No.-836 Year-2023 Thana- ARARIA District- Araria ====================================================== Md Afroz @ Afroz Son Of Md. Rashid R/O Village- Rampur Mohanpur, Ward No.10, P.S.- Araria (Bairgachhi), District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 75 liters of illegal liquor from the courtyard of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized liquor. Petitioner was not apprehended on spot. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the petitioner's rivals had kept the alleged wine in his courtyard
Patna High Court CR. MISC. No.72384 of 2023(2) dt.09-11-2023 2/2 and in collusion of police, the petitioner has been falsely implicated in the present case. He is languishing in judicial custody since 21.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Araria in connection with Araria P.S. Case No. 836 of 2023. (Sunil Kumar Panwar, J) Arish/- U T