Akbar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30197 of 2025 Arising Out of PS. Case No.-182 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Akbar Ansari S/o Chamari Miyan R/o Village- Dumarchutiyo Khaki Khurd Pordag, P.S.- Giridih, District- Giridih, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise P.S.Case No.182 of 2024, registered for the offence punishable under Section 30(a), 47 and 56(ii) and 2 of the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the FIR, total 51 ltr. of liquor has been recovered from a Car bearing Registration No.JH 10C 6169.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence. The said vehicle belongs to the petitioner but he was not present at the place of occurrence.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.30197 of 2025(2) dt.15-05-2025 2/2 the prayer for grant of pre-arrest bail to the petitioner and admits that there is complete failure of prohibition in the State of Bihar.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise)-II, Nawada in connection with Excise P.S.Case No.182 of 2024, subject to the condition as laid down under Section 482(2) of BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) chn/- U T