Md. Affan Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51541 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Md. Affan Rashid Son Of Abdul Subhan Village Narayanpur Bazar, P.S. Manigachhi, Dist. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar Jha For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Keoti P.S. Case no. 25 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 20 liters illicit country made liquor from a motorcycle bearing Registration No. BR-32-5399.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted vide para 7 & 8 of the petition that petitioner had already sold his motorcycle to a Kachrawala finding it not a working condition. He has got no criminal

Patna High Court CR. MISC. No.51541 of 2022(2) dt.14-11-2022 2/3 antecedent. Petitioner has no concern with the alleged recovery of illicit wine or with the place of occurrence. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Keoti P.S. Case no. 25 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge Excise 1st, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.51541 of 2022(2) dt.14-11-2022 3/3 the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) amandeep/- U T