Shahabudin Miya @ Shahabu Miya @ Shahabudin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6834 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== 1.

Shahabudin Miya @ Shahabu Miya @ Shahabudin Ansari S/O Saheb Hussain R/o Village- Surwaniya, P.S.- Nautan, Distt.- Siwan. Present Add. Vill.- Gosaisiya, P.S.- Bhore, Dist.- Gopalganj. 2.

Nitesh Paswan @ Nikesh Manjhi @ Nikesh Paswan @ Nitesh Kumar S/O Ramaji Paswan Vill.- Gosaisiya, P.S.- Bhore, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 75.40 litres illicit liquor was recovered near the canal.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with the alleged recovery. Petitioners have been made accused only on suspicion. Petitioners have got one criminal antecedent of

Patna High Court CR. MISC. No.6834 of 2025(2) dt.17-03-2025 2/2 similar nature in which they are on bail.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 13th cum Special Excise Court No. I, Gopalganj in connection with Sripur P. S. Case No. 26 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T