Naseem Khan @ Kallu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28408 of 2020 Arising Out of PS. Case No.-133 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Naseem Khan @ Kallu Khan, (Male) Son of Narsu Khan Resident of VillageKarmauti, P.S.- Dobhi, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Sherghati (Dobhi) P.S. Case No.133 of 2020 for offences under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel further submits that in the instant case, from pick-up van, total 2400 Kg. Mahua flower was seized. It is alleged that Mahua flower was used for manufacturing Desi liquor.

Learned counsel appearing on behalf of the petitioner submits that Mahua flower was neither seized from conscious possession of the petitioner nor from the house of the petitioner

Patna High Court CR. MISC. No.28408 of 2020(2) dt.18-01-2021 2/2 nor the pick-up van belongs to the petitioner. Under the aforesaid circumstances, the Court is inclined to grant the privilege of anticipatory bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Gaya in connection with Sherghati (Dobhi) P.S. Case No.133 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Sherghati (Dobhi) P.S. Case No.133 of 2020.

(Anil Kumar Upadhyay, J) BT/- U T