Md. Anbarul @ Md. Anwarul Haque @ Md. Anwarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14946 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Md. Anbarul @ Md. Anwarul Haque @ Md. Anwarul S/o Md. Shakur R/o Village- Khoir, Ward No 12, Raghuni Dehat, PS- Rajnagar, Distt- Madhubani (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivnandan Bharti, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Jaynagar P.S. Case No. 241 of 2024, registered for the offences punishable under Sections 274, 275, 317(5), 3(5) of the BNS, 2023 & 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Accused/petitioner implicated with present case being owner of the motorcycle bearing registration no. MBLJAR028JGC20084, which found involved in carrying of illicit liquor, total of 90 litres.

4. Learned counsel appearing on behalf of the petitioner submitted that admittedly the motorcycle recovered in abandoned condition. It is pointed out that implication of petitioner is for only reason as he found registered owner of motorcycle, which found carrying illicit liquor. It is pointed out that petitioner provided this

Patna High Court CR. MISC. No.14946 of 2025(2) dt.02-04-2025 2/2 motorcycle to one of his co-villager, who misused it for carrying illicit liquor, which was not in the knowledge of this petitioner and in view of same, it cannot be said that recovery of illicit liquor was made from conscious physical possession of this petitioner.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II cum Special Judge, Excise Act, Madhubani/concerned Court, where the case is pending in connection with Jaynagar P.S. Case No. 241 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T