Patna High CourtCR. MISC./31663/2023bail granted

Md Adam Ansari @ Adam Ali @ Adam Ansari v. The State Of Bihar

2023-05-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31663 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== MD ADAM ANSARI @ ADAM ALI @ ADAM ANSARI SON OF MD BASRUDDIN ANSARI Resident of Village-Murhadin Ward No.-02, Madhepur Malinia, P.S.-Kanhauli, District-Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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 has antecedent of one case and allegation is of recovery of 495 liters of liquor from a car and Jagarnath along with Rishu were arrested who disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.31663 of 2023(2) dt.23-05-2023 2/2 submitted that he came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value, it is next submitted that the petitioner is not the owner of the car.

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. 5,000/- (Rupees Five 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 Kanhauli P.S. Case No. 20 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T