Md Mojibul Quraishi @ Mojibul Rahman @ Nanka Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35014 of 2025 Arising Out of PS. Case No.-223 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Md Mojibul Quraishi @ Mojibul Rahman @ Nanka Quraishi S/o Late Tajmul Quraishi Resident of Village- Husaina, P.S. and Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-07-2025

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

2. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case no.223 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that some illicit liquor had been concealed in a banana clump by the petitioner, the police party conducted raid and 9.300 liters of nepali saufi wine was recovered from the said place.

4. Learned counsel for the petitioner submits that the petitioner is aged about 76 years and on that date he had gone to Muzaffarpur for his treatment. The name of the petitioner has transpired in this case only on suspicion and secret information.

Patna High Court CR. MISC. No.35014 of 2025(3) dt.01-07-2025 2/2 There was no independent witness to the seizure list and no recovery has been made from the physical or conscious possession of the petitioner or from his house. The alleged place is an open space which is accessible to everyone. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

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

6. In view of the aforesaid facts of the case, 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 Sitamarhi P.S. Case no.223 of 2023 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 Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T