Firoz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21338 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- POTHIYA District- Kishanganj ====================================================== FIROZ ANSARI SON OF HABIB ANSARI RESIDENT OF VILALGEDURGA NAGAR COLONY, PS- ISLAMPUR, DISTT- UTTAR DINAJPUR, STATE- WEST BENGAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 420 liters of liquor from a Mahindra Pick-up and a Maruti car.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner being owner of the Maruti car came to be implicated, it is further submitted that no prudent person would use his own vehicle for committing a crime and thus

Patna High Court CR. MISC. No.21338 of 2023(2) dt.15-05-2023 2/2 would get implicated easily when admittedly petitioner is a person with clean antecedent. Learned counsel for the petitioner next submits that the petitioner was completely unaware that Vinod Kumar who was apprehended would misuse the vehicle in the manner alleged.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Pothia P.S. Case No. 35 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T