Kaif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11714 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Kaif Ansari Son of Late Ajij Ansari @ Late Ajij Miyan Resident of VillageSarupai, P.S.- Vijayepur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Vijayepur P.S. Case No.293/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from a sack thrown on the road. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be falsely implicated by the chowkidar with an allegation that

Patna High Court CR. MISC. No.11714 of 2024(2) dt.04-03-2024 2/2 it was petitioner who had thrown sack on the road, when petitioner admittedly is a person with clean antecedent. It is also submitted that it appears that the chowkidar with a view to save the real culprit, falsely implicated the petitioner who admittedly is a person with clean antecedent.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, 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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-cum-Special Judge Excise No.-II, Gopalganj in connection with Vijayepur P.S. Case No.293/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T