Md. Rijwan @ Tipu Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71661 of 2022 Arising Out of PS. Case No.-394 Year-2022 Thana- PIRBAHOR District- Patna ====================================================== Md. Rijwan @ Tipu Mian S/O Md. Firoj R/O Village- Kaji Mohalla Aspatal Road, Ps- Bihar, Distt- Nalanda At Present R/V - Bhanwar Pokhar Jhoparpatti, P.S.- Pirbahore, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== 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 Pirbahore P.S. Case no. 394 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 28 liters country made illegal liquor from a scooty bearing Registration No. BR01EE8267.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with

Patna High Court CR. MISC. No.71661 of 2022(2) dt.06-01-2023 2/2 the alleged recovery of illicit liquor or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 05.07.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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 Pirbahore P.S. Case No. 394 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Excise Patna.

(Sunil Kumar Panwar, J) shubham/- U T