Vikram Mahaldar @ Vikram Kumar Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57691 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Vikram Mahaldar @ Vikram Kumar Mahaldar, aged about 25 years (Male) Son of Ram Chaluwa Mahaldar Resident of Village - Azamnagar Mahaldar Tola, Ward No.5, P.S. - Azamnagar, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad Sah, Advocate For the State :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Azamnagar P.S. Case No. 174 of 2023 dated 25.05.2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 101.75 litres of foreign liquor was recovered from the house of co-accused Kanhaiya Kumar, who has disclosed the name of the petitioner who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has no concern with the recovered liquor and the co-accused has
Patna High Court CR. MISC. No.57691 of 2023(2) dt.04-09-2023 2/2 falsely implicated his name in this case. The petitioner has no criminal antecedent. There is no recovery from the conscious possession of the petitioner.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the 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 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge, Exclusive Special Excise Court No. 2, Katihar in Azamnagar P.S. Case No. 174 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) P. Kumar U T