Md. Aftarul Haque Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6969 of 2022 Arising Out of PS. Case No.-320 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== MD. AFTARUL HAQUE MALIK S/o Hafiz Abdul Samad R/o villageJinoriya, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is of recovery of 30 litres of liquor from the motorcycle of the petitioner.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that the motorcycle belongs to the petitioner which he lent to his friend and, as such, was not aware that his friend was misused the same for such illegal purpose.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.6969 of 2022(2) dt.08-07-2022 2/2 anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Daudnagar P.S. Case No. 320 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T