Kalamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38734 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Kalamuddin Ansari Son of Alauddin Ansari @ Alauddin Resident of VillageFatehpur Kala, P.S- Chandauli , Dist- Chandaul ( Uttar Pradesh) ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise (Buxar) P.S. Case No. 116 of 2024 lodged on 17.03.2024 under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment) 2018.

3. As per the prosecution, FIR has been lodged against twp named accused persons including the petitioner. The total recovery is 61.2 litre of illicit liquor has been subject matter of the present case.

4. Learned counsel for the petitioner submits that petitioner has committed no offence and he claims clean antecedent and he is in custody since 17.03.2024. Learned counsel further submits that he is unaware what has been kept in

Patna High Court CR. MISC. No.38734 of 2024(2) dt.27-05-2024 2/2 the vehicle.

5. Learned counsel for the state opposes the prayer for bail and submits that petitioner has been arrested on spot and he was the driver of the vehicle and from the said vehicle, recovery has been made.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Excise Court No. 2, Buxar in connection with Excise (Buxar) P.S. Case No. 116 of 2024, subject to the conditions as laid down U/S 437(3) Cr.P.C. (Dr. Anshuman, J) ravikr/- U T