Altaf Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54437 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- NOKHA District- Rohtas ====================================================== ALTAF ANSARI SON OF MUSTAFA ANSARI R/O-VILLAGE- SUARA PS- NOKHA DISTRICT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chhote Lal Mishra For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Nokha Police Station Case No. 189 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2018.
3. As per the First Information Report, 5 liters of illicit liquor was found hooked on the sign board of the chicken shop of the petitioner.
4. Learned Counsel for the petitioner submits that the petitioner is running the chicken shop in the name and style of Altaf Chicken Shop having a sign board hanging at the top of the shop. The petitioner has falsely been implicated in this case as the illicit liquor has not been recovered from inside the
Patna High Court CR. MISC. No.54437 of 2024(2) dt.31-08-2024 2/2 chicken shop but it was found hanging on the sign board of the chicken shop. The petitioner is having no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit has not been recovered from the conscious possession and or inside the shop of the petitioner but the same was found hanging on the sign board of the shop, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2cum-Additional District & Sessions Judge, Rohtas at Sasaram, in connection with Nokha Police Station Case No. 189 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T