Jamil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51179 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Jamil Ansari Son Of Late Sahid Ansari R/O-Gohpur, P.S.-GB Nagar Tarwara, Distt.-SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

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

2. The petitioner apprehends his arrest in connection with Uchkagaon P.S. Case No. 375 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 14.220 litres of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated being owner of the seized vehicle, it is further submitted that no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.51179 of 2023(2) dt.07-08-2023 2/2 committing an occurrence and thus would get implicated by creating evidence against himself, it is also submitted that the seized motorcycle was stolen from the house of Ramesh Mahato where the petitioner had gone to attend a marriage and for which a sanha was also given in the police station.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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. 1,000/- (Rupees One Thousand) 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 Uchkagaon P.S. Case No. 375 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T