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Patna High CourtCR. MISC./52397/2024allowed

Akbar Alam Khan @ Akhbar Alam Khan v. The State Of Bihar

2024-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52397 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Akbar Alam Khan @ Akhbar Alam Khan Son of Gul Mohammad Khan R/O 57, ward no. 18, Near Masjid, Bauli Mohalla, P.s.- Phulwari Sharif, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a), 36 of Bihar Prohibition and Excise Act.

3. Altogether 181.44 liters of foreign liquor is said to have been recovered from the car.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner is made accused because he is the owner of the said car. Nothing has been recovered from the conscious physical possession of the petitioner. He has no concern either

Patna High Court CR. MISC. No.52397 of 2024(2) dt.31-08-2024 2/2 with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on suspicion. The petitioner has no criminal antecedent.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Gardanibagh P.S. Case No. 205 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Guddu/- U T