Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17484 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- GUTHANI District- Siwan ====================================================== Ali Khan Son Of Naubat Khan R/O Village- Gazipur Bedaulia, P.S.- Andar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 1 litre of Indian made foreign liquor from a bolero vehicle. The petitioner is

Patna High Court CR. MISC. No.17484 of 2021(3) dt.22-12-2021 2/3 owner of the aforesaid vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that son of the petitioner was arrested along with the driver of the vehicle and since petitioner happens to be the owner of the vehicle and father of an unfortunate son who has no control over the day-to-day affairs of his son, he has been roped in the present case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-

Patna High Court CR. MISC. No.17484 of 2021(3) dt.22-12-2021 3/3 cum-Special Judge, Excise, Siwan in connection with Guthani P.S. Case No. 190 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T