Patna High CourtCR. MISC./55194/2023bail granted

Zafar Imam v. The State Of Bihar

2023-08-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55194 of 2023 Arising Out of PS. Case No.-718 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== ZAFAR IMAM son of Late Javed Imam @ Jalil Mian Village- Nai Tola Chik Toli Ps- Siwan Town Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

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

2. The petitioner apprehends his arrest in connection with Excise Case No. 718 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 729 litres of liquor from roadside situated near a mosque.

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 based on the confessional statement of Md. Ramzan

Patna High Court CR. MISC. No.55194 of 2023(2) dt.24-08-2023 2/2 in police custody which does not have any evidentiary value, it is further submitted that even the alleged recovery is from a place which is accessible to public at large.

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. 5,000/- (Rupees Five 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 Excise Case No. 718 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T