Patna High CourtCR. MISC./44503/2023bail granted

Wasim Akram Khan v. The State Of Bihar

2023-07-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44503 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- SARAI District- Vaishali ====================================================== Wasim Akram Khan, S/O Ali Ashraf Khan R/O Village- Mahmaddabad Kabilpur, Ps. Sarai, Dist. Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 120 litres of liquor from an auto and 4.5 litres of liquor from the orchard of Anjaar Ahmad Khan.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated at the instance of Chaukidar with whom his family is on an inimical term. It is next submitted that

Patna High Court CR. MISC. No.44503 of 2023(2) dt.17-07-2023 2/2 petitioner is not the owner of the alleged seized vehicle or the orchard.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.IInd-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Sarai P. S. Case No.278 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T