Md. Najabul Ansari @ Najrul Ansari @ Md. Najrul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41467 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- TETERHAT District- Lakhisarai ====================================================== Md. Najabul Ansari @ Najrul Ansari @ Md. Najrul Ansari S/o Iliyas Mian @ Md. Suleman Resident of Village- Baliyadih, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Irshad, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Tetarhat P.S. Case no.22 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, 1.5 liters of foreign liquor was recovered from a Tata Magic vehicle bearing Registration No. BR1PE1858.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The cause of his false implication is only for the reason that he happens to be the registered owner of the seized vehicle. No recovery has been made from the physical or conscious possession of the petitioner. It has further been stated in paragraph 8 of the petition that petitioner had earlier sold his vehicle to Dayanand Jha two years ago and the petitioner has no concern with the

Patna High Court CR. MISC. No.41467 of 2025(3) dt.05-08-2025 2/2 alleged liquor. There is no independent witness to the seizure list and hence, mandatory provisions of search and seizure have been violated. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that petitioner has one criminal antecedent. In response, learned counsel for the petitioner submits that he is on bail in the said case.

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 Tetarhat P.S. Case no.22 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 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