Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20842 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- Daudnagar Excise District- Aurangabad ====================================================== Md. Aftab Alam son of Md. Gulzar Ali village- Azad Nagar, Tikri Bigha, PsAurangabad Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Daudnagar Excise P.S. Case No. 150 of 2024 registered for the offences punishable under Section 30(a), 32(3) of the Bihar Prohibition and Excise Amendement Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20 litres of IMFL/country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that motorcycle bearing

Patna High Court CR. MISC. No.20842 of 2025(2) dt.23-04-2025 2/3 registration no. BR 26 M 4980 was sold to one Tanbir Alam Ansari in the year 2021 itself, as per annexure-2 of the petition but as the RC could not transferred in favor of Tanbir Alam Ansari for said technical reasons the petitioner was implicated with present case. It is submitted that recovery of illicit liquor not appears to be made from the physical possession of this petitioner. While concluding the argument, it is submitted that petitioner found involved in one more criminal case of different nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly above-named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.

Patna High Court CR. MISC. No.20842 of 2025(2) dt.23-04-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise II, Aurangabad/concerned Court, where the case is pending in connection with Daudnagar Excise P.S. Case No. 150 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T