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Patna High CourtCR. MISC./21458/2024bail granted

Md. Mojebul Hasan @ Mojebul Rain @ Mojebul Ansari @ Mojebul Hasan @ Mojebul v. The State Of Bihar

2024-03-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21458 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Md. Mojebul Hasan @ Mojebul Rain @ Mojebul Ansari @ Mojebul Hasan @ Mojebul SON OF SAFID RAIN RESIDENT OF VILLAGE- THADHI, DHOBIYAHI TOL, PS- ANDHRATHARHI, DIST- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024

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 Sections 272, 273 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 6 litres of liquor from a place near Durga Asthan situated at Andhratharhi. 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 is accessible

Patna High Court CR. MISC. No.21458 of 2024(2) dt.28-03-2024 2/2 to public at large and he came to be implicated based on secret information which is the easiest way to implicate someone.

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.10,000/- (Rupees ten 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 Andhratharhi P.S. Case No.15/2024, G.R. No.54/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T