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Patna High CourtCR. MISC./53649/2025allowed

Sabir Ansari v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53649 of 2025 Arising Out of PS. Case No.-1329 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== Sabir Ansari, S/o Late Wasiul Haque Ansari, R/o Village - Gothra, Ward no. 7, P.S. - Thakurganj, District -Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Madya Nisedh P.S. Case No. 1329 of 2024 giving rise to Special Case No. 1349 of 2024 for the offence registered under Section 30(a), 32(3) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 0.750 litre wine was recovered from a motorcycle and the apprehended accused disclosed that the motorcycle belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the brother of the co-accused to whom he has given his motorcycle. Petitioner was neither present on the spot nor any incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.53649 of 2025(2) dt.19-08-2025 2/2 possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise II, Kishanganj in connection with Madya Nisedh P.S. Case No. 1329 of 2024 giving rise to Special Case No. 1349 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) khushbu/- U T