Md. Chhotu @ Mojassam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62069 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- KADWA District- Katihar ====================================================== MD. CHHOTU @ MOJASSAM Son of Md. Sarwar R/o vill - Chouni, P.S. - Kadwa, Dist. - Katihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Saghir Ahmad, Advocate For the Opposite Party :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kadwa P.S. Case No. 157 of 2023 dated 17.07.2023 instituted for the offence punishable under Section 30(a) of the Bihar Excise Prohibition Act, 2016 and 25(1-b)a/26/35 of the Arms Act.

3. Allegation against the petitioner is recovery of 750 ml foreign liquor, one country made pistol and one live cartridges from a Maruti 800 car, bearing Chassis No. CH01Y2099.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the petitioner has not been arrested on

Patna High Court CR. MISC. No.62069 of 2023(2) dt.16-10-2023 2/2 the spot. It is submitted that the petitioner is not named in the F.I.R. and only on the basis of confessional statement of coaccused, namely, Dilber he has been made accused in this case. It is further submitted that the petitioner has no concern with the said vehicle and other recovered articles. Lastly, it has been submitted that nothing has been recovered from the conscious possession of the petitioner and he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kadwa P.S. Case No. 157 of 2023, he shall be released on anticipatory 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 Special Excise A.D.J. II, Katihar, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Shanu/- U T