Md. Jasiuddin @ Bittu Mian @ Md. Jasimuddin @ Bittu Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38229 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- SARMERA District- Nalanda ====================================================== MD. JASIUDDIN @ BITTU MIAN @ MD. JASIMUDDIN @ BITTU MIAN Son of Late Chamo Mian Resident of Village - Sarmera, P.S.- Sarmera, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, APP- 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) (c) of the Bihar Excise & Prohibition Act, 2016. It is a case of recovery of ten liters of country made liquor from a plastic gallon.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot. He further submits that the son of

Patna High Court CR. MISC. No.38229 of 2022(2) dt.23-09-2022 2/2 the petitioner was languishing in jail custody since last nine months for the same occurrence. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions as well as the fact that meagre quantity of liquor has been recovered, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District & Sessions Judge-cum-Special Judge, Excise-2, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 208 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T