Kallu Ahmad @ Kallu Miyan @ Kallu Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13184 of 2025 Arising Out of PS. Case No.-161 Year-2020 Thana- NADI P.S. District- Patna ====================================================== Kallu Ahmad @ Kallu Miyan @ Kallu Ahamad S/O Md. Rafi Ahmad @ Rafi Ahmad @ Late Md Rafi Ahmad R/O Vill - Sabalpur, P.S.- Nadi, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in connection with Nadi P.S. Case No. 161 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. From perusal of the first information report as also the seizure list, it would appear that recovery of 414 liters of foreign liquor has been made from the wooden Gumti belonging to this petitioner. However, it would further show that one Md. Vikky was arrested from the place of occurrence, who disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that Md. Vikky has already been arrested for the seizure of the alleged
Patna High Court CR. MISC. No.13184 of 2025(2) dt.02-04-2025 2/3 liquor recovered from a Gumti. The name of the petitioner has come on the disclosure made before the police by Vikky. He has further submitted that petitioner is an old person and being father of the co- accused, he has been implicated in this case and also there are three other cases, which were lodged after this case. He also submits that witnesses on the seizure list, both belong to the police personnel.
5. Learned APP for state submits that the petitioner is an accused in three cases of the same nature. However, learned counsel for the petitioner submits that he is on bail in all the cases.
6. Considering the facts and circumstances and, 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 Special Judge Excise, Patna city in Nadi P.S. Case No.161 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that (i) the petitioner shall co-operate in investigation/ trial.(ii) the learned court shall verify the criminal
Patna High Court CR. MISC. No.13184 of 2025(2) dt.02-04-2025 3/3 antecedent of the petitioner before releasing him on bail. (Soni Shrivastava, J) N.K/- U T