Md. Zuhoor @ Md. Juhoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53242 of 2025 Arising Out of PS. Case No.-164 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Md. Zuhoor @ Md. Juhoor S/o Lal Mohammad, R/o Village- Babubarhi, P.SBabubarhi, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 272, 273 & 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 405 litre illicit Nepali country made liquor from a Alto Car bearing Registration No. BR-07S-6290 which belongs to petitioner and the driver of the said vehicle managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to being the registered owner of the seized vehicle. He further submits that the petitioner had already sold and handed over the said vehicle on 21.01.2016 to one Afroz Alam but

Patna High Court CR. MISC. No.53242 of 2025(3) dt.14-10-2025 2/3 inadvertently the name of the owner has not been transferred in the concerned Authority and in this regard he has filed a copy of the document showing the sale of said vehicle vide Annexure-2 to the supplementary affidavit. Learned counsel submits that after sale of the said vehicle, he has no concern with the same and he was unaware about the occurrence. He further submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner has no concern with the alleged seized liquor and he never involved in the trade and business of illicit liquor. He further submits that petitioner has got clean antecedent and 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 concerned Court 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 Court concerned, Jhanjharpur,

Patna High Court CR. MISC. No.53242 of 2025(3) dt.14-10-2025 3/3 Madhubani in connection with Lakhnaur P.S. Case No.164 of 2023 corresponding to G.R. No.575 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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