Md. Jamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12913 of 2025 Arising Out of PS. Case No.-271 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md. Jamaluddin Son of Md. Tashlim Resident of Mungoli PS -Saraya, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C and 30(a), 32 (2), (3), 33, 41, 47 of the Bihar Prohibition & Excise Act.

3. It would appear from the FIR and seizure list that 450 liters of spirit each was recovered from two Bolero vehicles.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the present case on account of the fact that he is said to be the owner of the vehicle bearing Registration No. BR06P-1183. However, it has been submitted that the said vehicle was hired by one co-accused Jitan Kumar and the petitioner had no knowledge that the said

Patna High Court CR. MISC. No.12913 of 2025(3) dt.09-05-2025 2/2 vehicle was put to illegal work. There is no recovery from physical and conscious possession of the petitioner and the petitioner has no criminal antecedent.

5. Considering the aforesaid facts and circumstances of the case, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Kochadhaman P.S. Case No. 271 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) N.K/- U T