Manirul Islam @ Manirul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84937 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- BASANHI District- Saharsa ====================================================== Manirul Islam @ Manirul S/O Abdul Malek Resident of Solapara, P.SGoalpokhar, District- Uttar Dinajpur, West Bengal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-12-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Basnahi P.S. Case No. 177 of 2024 registered for the offences punishable under Sections 30 (a) and 41 of Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, 150.750 litre foreign liquor was recovered from the scorpio vehicle in question. Coaccused, Mahfuz Alam, who was apprehended at the place of occurrence disclosed that petitioner has taken the said vehicle at the cost of Rs. 8,000/- on rent.
4. Learned counsel submits that petitioner bears no criminal antecedent. Except disclosure of co-accused, there is nothing on record to demonstrate the complicity of petitioner
Patna High Court CR. MISC. No.84937 of 2024(2) dt.11-12-2024 2/2 with the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel submits that petitioner is not the owner of the vehicle in question. Petitioner is quite innocent and has falsely been implicated in the case.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise) No. II, Saharsa in connection with Basnahi P.S. Case No. 177 of 2024, subject to the conditions as laid down under Section 482 of the B.N.S.S.
(Alok Kumar Pandey, J) vashudha/- U T