Hasnain Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32066 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- RASULPUR District- Saran ====================================================== HASNAIN ANSARI Son of Gul Mahamad Miyaan @ Gul Mahamad Ansari Resident of village - Mahui, P.S.- Manjhi, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

Allegation is of recovery of 49.250 litres of liquor from a motorcycle of Rohit Kumar.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that even the alleged recovery is from a motorcycle which belongs to Rohit Kumar and petitioner is not the owner of the same and he came to be implicated based on the confessional

Patna High Court CR. MISC. No.32066 of 2023(2) dt.24-05-2023 2/2 statement of Rohit Kumar in police custody which does not have any evidentiary value in the eye of law. It is next submitted that police because of his antecedent got him implicated through Rohit Kumar.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rasulpur P.S. Case No. 342 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T