Parwej Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22191 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Parwej Ansari SON OF MD. ABBAS ANSARI @ ABBAS MIYAN Resident of Prakash Nagar Naya Tola Ward No 12 Post- Narkatiaganj PS -Shikarpur Distt -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manaur Alam For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases and allegation is of recovery of 22 litres of liquor from godown of Md. Islam Ansari. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on confessional statement of Sheikh Lal Babu in police
Patna High Court CR. MISC. No.22191 of 2024(2) dt.29-03-2024 2/2 custody, which does not have any evidentiary value. It is also submitted that the police in order to save the real culprit falsely implicated the petitioner in the instant case through Sheikh Lal Babu taking advantage of his antecedents. It is next submitted that once a person is made an accused in excise case, then in a mechanical manner, the police implicates.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.30,000/- (Rupees thirty thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shikarpur P.S. Case No.24/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T