Noushad Mian @ Md. Noushad Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50661 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- BELHAR District- Banka ====================================================== 1.

NOUSHAD MIAN @ MD. NOUSHAD MIAN S/O VIRAJ MIYA R/O VILLAGE- GORGAWAN, P.S- BELHAR, DISTT.- BANKA. 2.

BADE MIAN @ NIZAM SHEIKH S/O VIRAL SHEIKH R/O VILLAGEGORGAWAN, P.S- BELHAR, DISTT.- BANKA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioners have antecedent of two cases.

4. Allegation is of recovery of 30 litres of liquor from the house of Mithun Skeikh.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners nor they have any relation or concern with Mithun Sheikh. It is further

Patna High Court CR. MISC. No.50661 of 2024(2) dt.29-07-2024 2/2 submitted that petitioners came to be implicated at the instance of the Chawkidar with whom they are on an inimical term.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Belhar P.S. Case No. 141 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioners, shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of more than two cases in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T