Mansoor Ansari @ Mansoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55770 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Mansoor Ansari @ Mansoor Alam Son of Gafur Ansari R/o village - Dahi Bhatta, P.S.- Uchakagaon, District - Gopalganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 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 Unchkagaon P.S. Case no. 86 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, while the police party were cheacking vehicles, they saw two persons including petitioner boarded on a motorcycle and after seeing the police these persons fled away. It is further alleged that a white colour bora has fallen from the motorcycle and from it total 7 liters country made liquor has been recovered. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.55770 of 2022(2) dt.17-11-2022 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of mere suspicion. He has got no criminal antecedent. Petitioner was not present at the place of occurrence and he has no concern with the alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioner has been disclosed in this case by local Chaukidar. 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.

Having heard learned counsel for the parties and considering the fact that the meagre quantity of liquor has been recovered, 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 Unchkagaon P.S. Case no. 86 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 Additional District & Sessions Judge-

Patna High Court CR. MISC. No.55770 of 2022(2) dt.17-11-2022 3/3 II-cum-Special Excise Court No.1, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T