Nadeem Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35114 of 2025 Arising Out of PS. Case No.-305 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Nadeem Alam S/o Md. Sakir R/o Village- Jurel, Ward No. 06, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kochadhaman P.S. Case no. 305 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a search being conducted, 76.7 litres of IMFL was recovered from the erickshaw and the driver of the vehicle was taken into custody. It is further stated that on enquiry he disclosed that the seized liquor was to be delivered to the registered owner of the mobile number mentioned in the FIR. On enquiry it transpired that the petitioner herein happens to be the registered owner of

Patna High Court CR. MISC. No.35114 of 2025(2) dt.03-06-2025 2/3 the said mobile number.

4. Learned counsel for the petitioner submits that from the contents of the FIR itself it would transpire that no incriminating article has been recovered from the petitioner's possession. He has no concern with the seized liquor nor with the vehicle from which it was allegedly seized. The reason for the false implication of the petitioner is his antecedents. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, no incriminating article having been seized from the petitioner's possession and the petitioner not being the owner of the vehicle from which the alleged seizure is said to have taken place, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kochadhaman P.S. Case no. 305 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge

Patna High Court CR. MISC. No.35114 of 2025(2) dt.03-06-2025 3/3 Excise-I, Kishanganj.

(Partha Sarthy, J) Shiv/- U T