Khawaja Ehtaraz @ K. Ehtaraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29981 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- MANIHARI District- Katihar ====================================================== KHAWAJA EHTARAZ @ K. EHTARAZ SON OF KHAWAJA AZAZ AHMAD R/O VILLAGE- ACHCHHEPUR, P.S.- DAGARUA, DISTRICTPURNIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Helal Ahmad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 Section 30(a) 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 60 liters of liquor from a motorcycle. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated as he is owner of the vehicle. It is further submitted that no prudent person would use his own vehicle for
Patna High Court CR. MISC. No.29981 of 2023(2) dt.18-05-2023 2/2 committing an occurrence and thus would create evidence against himself and hence would get implicated. 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 Manihari P.S. Case No. 111 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T