Md. Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27574 of 2018 Arising Out of PS. Case No.-345 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Md. Subhan S/o Md. Ibrahim, R/o Vill.- Begampatti, P.S.- Goraul (Kathara O.P.), Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kaushal Kishor, Adv.

For the Opposite Party :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner is apprehending his arrest in connection with Excise Case No. 345 of 2017 for the offences registered under Section 30(a), 32(C) and 38 of the Bihar Prohibition and Excise Act, 2016.

Informant is a police officer, who in his written complaint has stated that he received a secret information that liquor trader Mukesh Rai and Sonelal Rai have brought a consignment of wine and they will deliver it to trader Damodar Rai, Majit Rai, Manoj Sah and Awdesh Kumar. On such information he went to that place with other police personnel and seized one Bolero vehicle and accused Pappu Sah (Driver) and Dhirendra kumar was caught by them thereafter when they went forward they saw a truck standing beside the road, seeing

Patna High Court Cr.Misc. No.27574 of 2018(5) dt.06-09-2018 2/2 police personnel three persons fled away from the truck thereafter 4131.36 liters of foreign liquor have been recovered from the truck.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case being owner of Bolero. He has no concern with the seized vehicle and he has no any vehicle. He has no criminal antecedent. Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge Cum Special Judge Excise, Muzaffarpur in connection with Excise Case No. 345 of 2017, P.R. No. 21 of 2017-18, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) Rajiv/manoj U T