Md. Alamgir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21208 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Alamgir S/o Late Md. Sahabuddin R/o Village- N.T.N. Ghosh road, P.S.- Nathnagar, Distt. -Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Adv.
For the Opposite Party/s :
Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 96 of 2024 registered for the offences punishable under Sections 30(a), 38, 41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 155.520 liters of illicit liquor from the car.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. As per allegation, the petitioner is the owner of the alleged vehicle but, the petitioner had already sold the same on
Patna High Court CR. MISC. No.21208 of 2025(2) dt.04-04-2025 2/3 14.03.2019 to one Laxman Paswan. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the co-accused persons. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has also no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.
5. Learned counsel for the petitioner further submits that the co-accused has been granted regular bail by this Court vide order dated 25.04.2024 passed in Cr. Misc. No. 31851 of 2024.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, 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
Patna High Court CR. MISC. No.21208 of 2025(2) dt.04-04-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 96 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T