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Patna High CourtCR. MISC./56078/2025allowed

Jumai Mian v. The State Of Bihar

2025-09-02Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56078 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== Jumai Mian S/o Hasim Mian R/o - Bhagwanpur Kotwa, P.S - Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 163.800 litres of Nepali liquor from the orchard of Harendra Paswan. The accused persons including petitioner are alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was neither apprehended on the spot nor he has any concern with the seized liquor or the place of recovery.

Patna High Court CR. MISC. No.56078 of 2025(2) dt.02-09-2025 2/2 Nothing has been recovered from conscious possession of the petitioner. The petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.03, East Champaran at Motihari in connection with Ghorasahan P.S. Case No.150 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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