Parvez Ahmad @ Parvex Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74611 of 2023 Arising Out of PS. Case No.-508 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== PARVEZ AHMAD @ PARVEX AHMAD SON OF ABDUL MANNAN RESIDENT OF MOHALLA - FCI PHULWARISHARIF, P.S. - PHULWARISHARIF, DISTRICT -PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a), 38, 41, 47 of Bihar Prohibition and Excise Act.

3. Altogether 300.96 liters of foreign liquor is said to have been recovered from a car and the driver was apprehended on the spot, who disclosed that the same was taken from the godown of the petitioner. On search, 1202.04 liters of foreign liquor has been recovered from the godown.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.74611 of 2023(2) dt.01-12-2023 2/2 motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis that petitioner is the owner of the godown in question but by filing of supplementary affidavit, it has been brought on record that the said godown was given on rent to one Pradip Kumar and petitioner had no knowledge of the liquor storage. Petitioner has no criminal antecedent.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Naubatpur P.S. Case No.508 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T