Patna High CourtCR. MISC./76248/2023allowed

Md. Imtiyaz @ Imtiyaz v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76248 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== 1.

Md. Imtiyaz @ Imtiyaz Son Of Akbar Ali Resident Of Village - Bhorah, Ward No.14, ,P.S. - Raniganj, District - Araria 2.

Md. Amir Son Of Md. Hafiz Resident Of Village - Bhorah, Ward No.14, ,P.S. - Raniganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 48 liters of foreign liquor from the vehicle Wagon-R Car bearing Reg. No. DL-2CAH-1742 and the petitioners were apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this

Patna High Court CR. MISC. No.76248 of 2023(2) dt.30-11-2023 2/2 case. They have no concern with the alleged recovery of liquor or with the vehicle in question. Nothing incriminating article has been recovered from their conscious possession. It is further submitted that petitioners have got no criminal antecedent and languishing in judicial custody since 08.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Judge (Excise-I), Kishanganj in connection with Kochadhaman P.S. Case No. 120 of 2023.

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