Irfan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8864 of 2020 Arising Out of PS. Case No.-384 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== IRFAN ANSARI S/O Ramajan Ansari @ Ramjan Ansari @ Ramjan Resident of Village - Punaura West, P.S.- Punaura, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Sursand P.S. Case No. 384 of 2019 for the offence punishable under Sections 30(a)/38/41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 22.05 liters of illicit liquor from two bags, after the police had apprehended the co-accused person namely Sunny Kumar and he is stated to have disclosed that the person, who had fled away, was the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further

Patna High Court CR. MISC. No.8864 of 2020(2) dt.02-03-2020 2/3 submitted that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor there is any proof that the bags in question, from which the illicit liquor has been recovered, belong to the petitioner, hence, the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted. The learned A.P.P. appearing for the State has opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no recovery of illicit liquor has been made from the possession of the petitioner, this Court finds that prima facie the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted as far as consideration of the anticipatory bail to the petitioner, hence I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II cum- Special Judge Excise Act, Sitamarhi, in

Patna High Court CR. MISC. No.8864 of 2020(2) dt.02-03-2020 3/3 connection with Sursand P.S. Case No. 384 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T