Md. Ansar Alam @ Ansar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32093 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- RAUTA District- Purnia ====================================================== Md. Ansar Alam @ Ansar, S/o Sairuddin @ Jairo, R/o village- Garib Nawaz Chowk Pandarpur, P.S.- Routa, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate.
For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Routa P.S. Case No. 69 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and Section 30 of the Bihar Excise Act.
The accusation is that in course of patrolling duty, two persons were seen on two motorcycles near Chota Pandarpur but on seeing the police party, they started to flee away, while on chase, they succeeded to flee away leaving their motorcycles. The persons, who succeeded to flee away, were identified as Md. Faruque and Md. Ansar (petitioner) by local
Patna High Court CR. MISC. No.32093 of 2020(3) dt.02-03-2021 2/3 Choukidar in the torch light. On search of motorcycle bearing registration no. BR37V 6340, one sack containing nine bottles of 750 ml and from another motorcycle bearing registration no. BR11AL-2605, one sack containing 9 bottles of 180 ml of Indian made foreign liquor recovered.
Learned counsel for the petitioner submits that it would appear from the FIR that petitioner was not apprehended at the spot rather it is alleged that petitioner and another coaccused were identified in the light of torch by the local Choukidar. It is further submitted that petitioner and his family members have no concern with the seized motorcycles, from which, the country made liquor is said to be recovered but due to dirty village politics, petitioner has falsely been implicated in the present case. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned Special Excise Judge, Purnea, in connection with Routa P.S. Case No. 69 of
Patna High Court CR. MISC. No.32093 of 2020(3) dt.02-03-2021 3/3 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T