Md. Naushad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47967 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- RAJPUR District- Buxar ====================================================== MD. NAUSHAD ANSARI S/O MAINUDDIN ANSARI @ MD. MAINUDDIN MIYA R/O VILLAGE- PALIYA, P.S- RAJPUR, DISTT.- BUXAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2024

1. Heard learned counsel for the petitioner as well as 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 Bihar Prohibition and Excise Act in connection with Rajpur P.S. Case No.124 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and allegation is of recovery of 10.87 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is next submitted that he came to be implicated at the instance of local people, but then the name of the person who disclosed the name

Patna High Court CR. MISC. No.47967 of 2024(2) dt.22-07-2024 2/3 of the petitioner is not disclosed in the FIR, which cast an aspersion on the case of the prosecution. It is also submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner taking advantage of his antecedents.

5. The learned APP for the State opposes the anticipatory 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.35,000/- (Rupees Thirtyfive Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No.Ist, Buxar in connection with Rajpur P.S. Case No.124 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than seven cases, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.47967 of 2024(2) dt.22-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T