Maksud Ansari @ Maksood Alam @ Makasu Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28241 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Maksud Ansari @ Maksood Alam @ Makasu Alam son of Late Husani Miyan Resident of village- Khadda Musahi, PS- Nautan, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lallan Kumar Verma, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 61 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 7 litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle and as a matter of
Patna High Court CR. MISC. No.28241 of 2025(2) dt.01-05-2025 2/2 fact, he is a passerby and has become a victim of circumstance. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.02.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah Muffasil P.S. Case No. 61 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T