Allaudin Miyan @ Allaudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79729 of 2024 Arising Out of PS. Case No.-552 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Allaudin Miyan @ Allaudin S/O Wokil Miyan @ Vakil Miyan R/o - village Sugaon Dih @ Sugawa P.S. Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar II, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard Mr. Dhannjay Kumar II, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary corrections in the provision portion of the bail application.

3. The petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 552 of 2023 instituted for the offences under Sections 272, 273 of the Indian Penal Code and 30(a), 41 of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that total 336 litres of liquor has been recovered from Bolero vehicle.

Patna High Court CR. MISC. No.79729 of 2024(2) dt.12-11-2024 2/2

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has two criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 552 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T