Julfkar Alam @ Julfukar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1788 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana -ANGADH District- PURNIA ====================================================== Julfkar Alam @ Julfukar Alam, S/o Noor Islam, resident of Village- Pipla, P.S. & District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Excise Case No. 2670 of 2017 arising out of Angarh P.S. Case No. 24 of 2017 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 52.200 litres of country made liquor is said to have been recovered from the possession of the petitioner and coaccused, namely, Khalil Akhtar riding on the motorcycle. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has been falsely implicated in the case due to animosity. The petitioner was driving

Patna High Court Cr.Misc. No.1788 of 2018 (2) dt.24-01-2018 2/2 motorcycle while co-accused Khalil Akhtar was sitting as pillion rider with the alleged liquor and the petitioner had no knowledge about the same. The petitioner has no criminal antecedent. The petitioner has been languishing in custody since 01.11.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge (Excise), Purnea in connection with Special Excise Case No. 2670 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T