Masoom Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33984 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- Raghunathpur Excise District- Siwan ====================================================== Masoom Ali S/o Jainul Haque Miya Resident of Village- Jamanpura PSAndar Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Raghunathpur P.S. Case no.68 of 2025 registered under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act, 2016.

3. There is a recovery a total of 230.600 litres of foreign liquor from two scooty bearing Registration Nos. BR29BD4032 and BR29BD5619. Two persons were arrested at the spot including the petitioner herein.

4. Learned counsel for the petitioner submits that a false recovery has been shown from the said vehicles which the petitioner was driving. As a matter of fact, both the scooty belongs to the co-accused Balindra Yadav. He further submits

Patna High Court CR. MISC. No.33984 of 2025(2) dt.28-05-2025 2/2 that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioner is in custody since 21.04.2025 and has no criminal antecedent. He undertakes to cooperate in the case/trial.

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

6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Raghunathpur P.S. Case no.68 of 2025 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 Excise Court-II, Siwan on the condition that the learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Harsh/- U T