Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42450 of 2022 Arising Out of PS. Case No.-199 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Md. Imtiyaz Son Of Md. Naimuddin Resident Of Mirtola, Ward No.- 7, P.S.- Saharsa (Kahra), District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 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) of the Bihar Prohibition & Excise Act. There is recovery of 450 litres of Indian made foreign liquor from a pick-up van. The petitioner is owner of the pick-up van.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.42450 of 2022(2) dt.11-11-2022 2/3 possession of the petitioner. The petitioner has sold his vehicle to one Narendra Prasad Gupta on 13.08.2018 and a deed of agreement was also executed between them but unfortunately the name of the owner book could not be transferred. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 25,000/-(Rupees Twenty Five Thousands) in the District Legal Services Authority, Purnea.

In the facts and circumstance of the case, 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge Court No. 2, Purnea in connection with Excise Case No. C-1 199 of 2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.42450 of 2022(2) dt.11-11-2022 3/3 under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 25,000/-(Rupees Twenty Five Thousands) in District Legal Services Authority, Purnea.

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