Md. Neyaz @ Md. Nayaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5462 of 2025 Arising Out of PS. Case No.-886 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Md. Neyaz @ Md. Nayaz S/o- Alauddin @ Alauddin Khan @ Md. Alauddin Khan Resident of Khanmirja PS- Sultanganj District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Alamganj P.S. Case No. 886 of 2024 registered for the offences punishable under Section 30 (a), 32(3) and 37(A) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.5462 of 2025(2) dt.19-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the implication of petitioner in the present case appears only for the reason, as he is the registered owner of the motorcycle bearing registration no. BR 01 FV 6913, which was given to the co-accused/covillager namely Md. Imteyaz Ahmed in good faith for some personal use but appears misused. It is submitted that carrying liquor through motorcycle was not under knowledge of this petitioner. While concluding the argument it is submitted that petitioner is a man of clean.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the aforesaid facts and circumstances and by taking note of the fact as petitioner implicated only being the registered owner of the motorcycle, where nothing recovered from his conscious physical possession who is a man of clean antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.5462 of 2025(2) dt.19-02-2025 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Patna City/concerned trial court where the case is pending in connection with Alamganj P.S. Case No. 886 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T