Nadim Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39743 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KRISHNAGARH District- Bhojpur ====================================================== Nadim Miyan S/o- Ghistu Miyan @ Jakir Miya R/o- Nathmalpur, P.S.- Barhara, Dist- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Krishnagarh P.S. Case No. 57 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Total 60 litres of country made liquor has been recovered from a white coloured bag which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and he has falsely been implicated in the instant case only due to blackmailing nature of the local police. The allegations levelled against the petitioner are absolutely false and concocted. In fact, the petitioner is sought

Patna High Court CR. MISC. No.39743 of 2025(3) dt.27-06-2025 2/3 to be prosecuted solely, in the garb of a disclosure made by apprehended accused persons, which has got absolutely no evidentiary value in the eye of law. Learned counsel further submits that proper procedure of search and seizure has also not been followed by the police in this case.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1st Bhojpur at Ara, in connection with Krishnagarh P.S. Case No. 57 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be physically present on each and every fixed date till framing of charge and on his absence on two consecutive dates without sufficient reason, his bail bonds may be

Patna High Court CR. MISC. No.39743 of 2025(3) dt.27-06-2025 3/3 cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Ankit Kumar/- U T