Md. Asfaque @ Ashfak @ Md. Asphak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35046 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- PALASI District- Araria ====================================================== Md. Asfaque @ Ashfak @ Md. Asphak S/O Md. Basir R/O Village- Balua Duodhi (Deyodhi), Naya Nagar, Ward No. 11, P.S- Palasi, District.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2025

1. Heard the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Palasi P.S. Case no. 99 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on receiving information about the accused being involved in sale of liquor, a raid was conducted. On seeing the police personnel the accused managed to escape. A total of 3.6 litres of Nepali liquor was recovered. The villagers who had gathered seeing the police personnel identified the accused who had escaped as the petitioner herein.

4. It is the case of the petitioner that neither the petitioner was arrested at the spot nor any incriminating article

Patna High Court CR. MISC. No.35046 of 2025(2) dt.04-06-2025 2/2 recovered from his possession. The petitioner has been falsely implicated in the case. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and having perused the contents of the petition, taking into consideration the allegations against the petitioner in the F.I.R, the petitioner not having been arrested at the spot and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Palasi P.S. Case no. 99 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria. (Partha Sarthy, J) Shiv/- U T