Md Irfan Ansari @ Md Ifan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35303 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== MD IRFAN ANSARI @ MD IFAN ANSARI S/O SIRAJUDDIN R/O Village- Narayanpur, P.S- Narayanpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mrs. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 468 liters of foreign liquor is said to have recovered from the pickup van. He submits that apprehended person disclosed the name of the petitioner that the petitioner is also involved in the present case. He further submits that petitioner is only a driver of the vehicle and he is not arrested on the spot. He submits that there is no recovery

Patna High Court CR. MISC. No.35303 of 2023(2) dt.24-06-2023 2/3 made from the conscious possession or from the house of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Arrah-Nawada P.S. Case No. 262 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.35303 of 2023(2) dt.24-06-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T