Md. Barijul @ Barijul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83994 of 2019 Arising Out of PS. Case No.-352 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== Md. Barijul @ Barijul, Son of Md. Akbar Ali, Resident of Village - Kushalpur, P.S.- Pranpur, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 02.11.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that on secret information that liquor is being transported through train, raid was laid when some accused persons were found throwing the liquor from the train at Katihar Railway station yard when other accused persons including the petitioner were found collecting the same. Ultimately, 166.2 litres of country made liquor were recovered. It is submitted by learned counsel for the petitioner that recovery has not been made from the conscious physical

Patna High Court CR. MISC. No.83994 of 2019(2) dt.18-12-2019 2/2 possession of the petitioner and only on the basis of suspicion, the petitioner has falsely been roped in the present case. Moreover, investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner was found collecting the liquor at Katihar Railway Station yard. Considering the nature of recovery and the fact that investigation has already been concluded and the period under custody, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge (Excise), Katihar in connection with CI Case No. 352 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T