Md. Hussain Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3069 of 2021 Arising Out of PS. Case No.-223 Year-2018 Thana- JOGBANI District- Araria ====================================================== MD. HUSSAIN ANSARI Son of Ahmad Ansari Resident of Village-Chhitahi Hanuman Nagar, Ward No.-13, P.S.-Bhaptiyahi, District-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 124.800 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.3069 of 2021(2) dt.21-05-2021 2/3 case. The petitioner is not named in the F.I.R. In course of investigation, it transpires that the petitioner is the owner of the motorcycle in question. Said fact is denied by the petitioner. The motorcycle in question is not registered on the name of the petitioner. It is alleged that 124.800 liters wine is recovered from the motorcycle in question. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional District Judge IInd, Araria in connection with Special case No.941 of 2018 arising out of Jogbani P.S. case No.223 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.

Patna High Court CR. MISC. No.3069 of 2021(2) dt.21-05-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T