Rafikul @ Rafikul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80627 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- BAUSI District- Purnia ====================================================== 1.

Rafikul @ Rafikul Islam, Son of Khuda Baks @ Khoda Box Mandal, Resident of Village- Algoria Barasat Chowk, P.S.- Dattapurkar, DistrictNorth 25- Pargana (West Bengal). 2.

Birendra Ram @ Virendra Ram, Son of Kedar Ram, Resident of VillageMasouha, P.S.- Durgawati, District- Kaimur. 3.

Roshan Ali @ Rashan Ali, Son of Akhir Ali, Resident of Village- Algoria, P.S.- Dattapurkar, District- Uttar 24- Pargana (West Bengal). 4.

Maiydal @ Maidul Ali, Son of Jamshed, Resident of Village- Algoria Barasat Chowk, P.S.- Dattapurkar, District- Uttar 24- Pargana (West Bengal).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner is in custody since 05.10.2019 in connection with Baisi P.S. Case No.238 of 2019 registered for the offence under Sections 272, 273 of the I.P.C. and Sections 30(a), 33, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are Drivers and Khalasis of two trucks which were intercepted and from which it is alleged that certain

Patna High Court CR. MISC. No.80627 of 2019(2) dt.09-12-2019 2/2 quantity of spirit was recovered. It is submitted that the present petitioners have nothing to do with the alleged recoveries and they are mere employees of the transporter who checked the goods on transfer. It is further submitted that the petitioners have clean antecedents.

Considering the aforementioned facts and circumstances of the case, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise) Act, Purnea, in connection with Baisi P.S. Case No.238 of 2019. (Anjana Mishra, J) PNM U T