Md. Shamsher @ Chand @ Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26734 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- Ratanpur District- Begusarai ====================================================== Md. Shamsher @ Chand @ Md. Naushad S/o Md. Abdul Mannan R/o Miyanchak, Chatti Road, Ward No. 22, P.S.- Ratanpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ratanpur P.S. Case No. 23 of 2025 dated 15.03.2025 instituted for the offence punishable under Sections 30(a) of the Bihar prohibition and Excise Act.

3. The prosecution case, in short, is that on the alleged date of occurrence, the police saw one person coming and he was having tetra packs of foreign liquor in his hand. The aforesaid person was apprehended by police who disclosed his name as Naushad @ Chand (petitioner), but he ran away after sometime taking the benefit of crowd gathered there. On search total 360 ml of foreign liquor was seized from the spot.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26734 of 2025(2) dt.07-05-2025 2/2 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. No independent persons have been made seizure list witness. The petitioner has no concern with the said recovery. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ratanpur P.S. Case No. 23 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-I, Begusarai subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T