Md. Rasul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60767 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Rasul Son of Late Md. Wahid R/o vill - Jamghatti, P.S. - Baseti, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Azamnagar (Salmari) P. S. Case No.229 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 432 litres of foreign liquor from the Bolero Pickup Van in question.
4. Learned counsel for the petitioner submits that the petitioner is the owner of the said vehicle and he has no concern with the seized liquor. The said vehicle was used for carrying the passengers and the petitioner has falsely been implicated in this case. There is no recovery from possession of the petitioner. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.60767 of 2023(2) dt.11-10-2023 2/2 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 Additional District and Sessions Judge, Exclusive Excise Court No.2, Katihar in connection with Azamnagar (Salmari) P.S. Case No.229 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T