Rashid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20076 of 2021 Arising Out of PS. Case No.-751 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== RASHID ALAM SON OF MD. PERVAZ ALAM R/O DARGAH ROAD, NEEMTAL CHOWK, MAHENDRU, P.S.- SULTANGANJ, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking 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 connection with Alamganj P.S. Case No. 751 of 2020 for the offence registered under Sections 30(a) and 37(c) of the Bihar Excise Act.

The prosecution case in nutshell is that four polythene pouch each containing 200 ml mahua wine (total 800 ml) and one bike were recovered from the accused persons who was apprehended on the spot.

Patna High Court CR. MISC. No.20076 of 2021(2) dt.20-12-2021 2/2 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that neither any incriminating wine was recovered from the conscious and constructive possession of the petitioner nor he was apprehended on the spot. It is further submitted that the petitioner has no criminal antecedent. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest/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 thousand) each with two sureties of the like amount each to the satisfaction of learned Special Court, Excise, Patna in connection with Alamganj P.S. Case No. 751 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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