Masoom Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38970 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== MASOOM ALI Son of Kabir Ali @ Md. Kabir Resident of village-Wir Chhapar Tola Balathara, P.S.-Piprakothi, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 467, 468, 120(B) and 34 of the IPC and sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act-2018.

3.

Altogether 691.00 litres of foreign liquor is said to have been recovered from a Pickup van and one co-accused was apprehended and it is alleged that petitioner is the owner of the said Pick Up van.

4.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on

Patna High Court CR. MISC. No.38970 of 2023(2) dt.03-08-2023 2/3 the basis that he is the owner of the seized Pick up van but the real fact is that he is not the owner of the said vehicle and the same belongs to one Rangilal Bhagat. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor or the vehicle of recovery. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. 5.

Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

6.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bishambharpur P.S. Case No.16 of 2023, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.38970 of 2023(2) dt.03-08-2023 3/3 the Cr.P.C, as also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/- U T