Md. Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9200 of 2020 Arising Out of PS. Case No.-497 Year-2019 Thana- MAHUA District- Vaishali ====================================================== MD. SHAHNAWAZ S/o Md. Ashraf Hussain R/o village- Budha Automobiles Pvt. Ltd. Patna, P.S.- Sadar Patna, District- Patna, At present Mohallah- East Anwarpur, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) 32(ii), 33(ii), 38 (i), 41(i) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 4 litres of beer (wine) has been recovered from the alleged car. He submits that the petitioner has been implicated in this case only because he happens to be the owner of the said car. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition.

Patna High Court CR. MISC. No.9200 of 2020(2) dt.02-03-2020 2/2 However, petitioner is agreed to deposit Rs. 2,000/- in the Juvenile Justice Fund of the State Social Welfare Department.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Mahua Police Station Case No. 497 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T