Shaukat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46553 of 2024 Arising Out of PS. Case No.-818 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Shaukat Ali Son of Md Harun Resident of Village - Gaurainda Bibi Ganj, P.S. - Muzaffarpur Sadar, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Sadar P.S. Case No.818 of 2021 registered under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to have in possession of 132.480 liters of country-made illicit foreign liquor and also alleged to be involved in illegal trade arises out of said illicit liquor.

4. It is submitted by learned counsel for the petitioner that name of petitioner appears out of suspicion, which is based upon information given by an unknown police

Patna High Court CR. MISC. No.46553 of 2024(2) dt.28-06-2024 2/2 spy. It is submitted that alleged recovery of aforesaid illicit liquor appears to be made from a bush developed behind school, which is an open place and accessible by general public. The petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer for grant of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions, as implication of petitioner appears prima facie out of suspicion, where recovery of illicit liquor appears to be made from an open place, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, 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 Special Court, Excise-1, Muzaffarpur in connection with Sadar P.S. Case No.818 of 2021, subject to the conditions as laid down under Section 438(2) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T