Dildar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79163 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Dildar Alam S/O Fajil Mian R/O Village- Tihuki, P.S- Langadi, Distt.- Parsa, Nepal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 279, 337, 414 and 34 of the Indian Penal Code and Section 30(a), 45 and 37 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, two persons including the petitioner in stage of intoxication were apprehended from a Swift Car in which total 336 liters of Nepali wine was kept.

4. 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 case. He was sitting in the car but not acquainted at all the fact that articles like wine was kept in the said car. The said car

Patna High Court CR. MISC. No.79163 of 2023(2) dt.07-12-2023 2/2 belongs to co-accused Alok Ram. The petitioner has no concern with the alleged recovery of liquor. No any incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 20.07.2023.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise-II, Bettiah, West Champaran in connection with Mainatand P.S. Case No.100 of 2023. (Sunil Kumar Panwar, J) lata/- U T