Sarfuddin Raen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47268 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Sarfuddin Raen S/O Khushid Alam @ Md. Khurshid Alam Resident of Village- Sahpur, P.S.- Nawada Muffasil, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Nawada Excise P.S. Case No. 205 of 2025 lodged on 31.03.2025, for the offence punishable under Sections 30(a) & 47 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, total recovery of 0.375 litres of foreign liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery of liquor has been made from a scooty which belongs to the petitioner. Counsel further submits that the petitioner has given his scooty to his brother in law, but he has no knowledge regarding the

Patna High Court CR. MISC. No.47268 of 2025(2) dt.30-07-2025 2/2 illegal activity and petitioner's brother in law escape from the place of occurrence and being the owner, name of petitioner has figured in this case. Counsel submits that the petitioner shall ensure that in future, such mistake shall not take place. Counsel further submits that the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that from the record, it transpires that the petitioner has no criminal antecedent.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Court, Excise-2, Nawada, in connection with Nawada Excise P.S. Case No. 205 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

(Dr. Anshuman, J) Divyansh/- U T