Md. Asgar @ Asgar @ Ajgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16284 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- KALER District- Jehanabad ====================================================== Md. Asgar @ Asgar @ Ajgar Son of Md. Shamim Resident of Harichanda, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 467, 468, 420 and 471 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

5200 litres of spirit has been recovered from a truck and the driver was apprehended by the police who disclosed that the seized spirit belongs to this petitioner. It is submitted that petitioner has been made accused in this case on the basis of confessional statement of co-accused who was apprehended on the spot. Petitioner claims clean antecedent. No incriminating article has been recovered from conscious possession of this petitioner. Petitioner is neither

Patna High Court CR. MISC. No.16284 of 2022(2) dt.30-09-2022 2/2 driver nor owner of vehicle in question and he has got nothing to do with the alleged recovery. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special Judge (Excise), Jehanabad in connection with Kaler P.S. Case No. 51 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T