Md. Fakre Alam @ Pappu @ Md. Fakhre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90192 of 2024 Arising Out of PS. Case No.-154 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Fakre Alam @ Pappu @ Md. Fakhre Alam S/o Late Md. Muzaffar Alam Resident of Chairman Madarsa Hamibiya, Kila Ghat, P.S.- Laheriaysarai, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Laheriasara Police Station Case No. 154 of 2021, disclosing offences under Sections 456/34 of the Indian Penal Code and Section 37(b) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, on 16.03.2021, the news was viral in electronic media that petitioner and one Md. Shamim were seen taking wine in a room. On the direction of the superior authority, the informant being the police officer went to the house of Md. Hasim to verify the authenticity of the news who told that the house has been given on rent to one Md. Jafar who

2/4 is engaged in repair of air conditioner, cooler, washing machine etc. Upon inquiry from Md. Jafar about the liquor being taken by the petitioner and others, he told that two rooms and a shed used as a workshop there in the house. Out of the two rooms, one room is used as an office having CCTV camera and the other room is used by the mechanics of Md. Jafar. The second room in which the mechanics reside, no CCTV camera is installed. He further informed that after verification of CCTV footage, it was found that on 15.03.2021, in the night, one Md. Pyare entered into the shop of Md. Jafar and after some time, the petitioner entered into the premises of Md. Jafar along with the mechanics. It has also been informed that the petitioner and others took liquor in the room meant for the mechanics. After the verification of the CCTV footage, the CCTV footage has been kept in the pendrive by the police.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and he is Chairman of the Madarsa Hamidia and has not committed any offence in the manner alleged and he has falsely been implicated in this case due to local politics. He further submits that from perusal of the FIR, it would be evident that CCTV camera was installed in the room where the office of the workshop is situated and not

3/4 in the room where the mechanics of the workshop owner stay. The petitioner at best was seen entering into the workshop in the night and coming out of that in the CCTV footage but there is no footage of liquor being taken by the petitioner inside the room.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is having no criminal antecedent and the only allegation is of consuming liquor, I am inclined to grant the petitioner privilege of anticipatory bail, subject to the condition that the petitioner shall deposit Rs. 5,000/- before the District Legal Services Authority, Darbhanga. It is made clear that the deposit made by the petitioner shall be without prejudice to his right and contention.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2 cum Special Judge Excise Act, Darbhanga, in connection with Laheriasara Police Station Case No. 154 of 2021, subject to the condition:-

4/4 (i) Laid down under Section 438 (2) of the Code of Criminal Procedure.

(ii) The petitioner shall deposit Rs. 5,000/- before the District Legal Services Authority, Darbhanga. (Anil Kumar Sinha, J) HarshPandey/- U T