Kalam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50956 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== KALAM ANSARI Son of Jahur Miyan @ Jahur Alam, Resident of Village - Dalhati Mirganj, Ward No. 07, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Mirganj P.S. Case No. 121 of 2019 registered for offence punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It has been alleged that 23.6 litres of illegal liquor has been recovered in front of the shop of the petitioner. The learned counsel for the petitioner submits that the said liquor was not recovered from his house and he has no criminal history.

Looking to the quantity of liquor and the petitioner having no criminal antecedent, the prayer for bail of the

Patna High Court CR. MISC. No.50956 of 2019(2) dt.16-08-2019 2/2 petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Mirganj P.S. Case No. 121 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond. (Shivaji Pandey, J) Mahesh/- U T