Mohammad Irfan @ Md Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.436 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Mohammad Irfan @ Md Irfan Son of Md. Samim Resident of village - Doli Sakra, P.s.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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 section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, the petitioner was apprehended on the spot and from the Pick Up Van and Scorpio, 864 liters and 216 liters of foreign liquor was recovered respectively.

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 has no concern with the alleged recovery of liquor or

Patna High Court CR. MISC. No.436 of 2024(2) dt.15-01-2024 2/2 with the vehicles in question. Nothing incriminating article has been recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.12.2023 passed in Cr. Misc. No.80714 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 01.10.2023.

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 Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No.II, Gopalganj in connection with Gopalpur P.S. Case No. 246 of 2023.

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