Patna High CourtCR. MISC./2364/2024allowed

Md. Taufik Alam v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2364 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Md. Taufik Alam Son Of Ghulam Sakir Alam R/O Village- Bamhaur (Labedahan), P.S.- Mohania, Dist.- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 47, 30(a) of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been apprehended with a vehicle bearing Registration No. UP27U-8877 from where, total 162 liters of illicit liquor was recovered.

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 present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of liquor. No any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.2364 of 2024(2) dt.31-01-2024 2/2 20.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. 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 released on bail in connection with Mohania P.S. Case No. 746 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1-Cum Addl. District Judge-IV, Kaimur at Bhabua.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

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