Jalaludin @ Jalaluddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20421 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Jalaludin @ Jalaluddin son of Late Ali Raja Miyan Village- Basdila Khas PsNagar Gopalganj Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar = ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioners apprehend his arrest in connection with Gopalganj Town P.S. Case No. 76 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, there is total recovery of 8 litres country made liquor from the backside of the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner was not arrested from the spot and there is no recovery from the possession of the petitioner or from the house of the petitioner. He also
Patna High Court CR. MISC. No.20421 of 2024(2) dt.13-03-2024 2/2 submits that the petitioner has no concern with the recovery of the alleged liquor and he has been made accused in this case due to his two criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge II-cum- Special Judge, Excise Court No. 1, Gopalganj in connection with Gopalganj Town P.S. Case No. 76 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T