Asalam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61348 of 2025 Arising Out of PS. Case No.-18 Year-2024 Thana- SIKTI District- Araria ====================================================== Asalam Ansari S/o Tajuddeen Ansari R/o Village- Khan Tola, Ward No. 12, P.O.- Pararia, P.S.- Pararia, Distt.- Araria, Bihar, Pin - 854333, at present J.J.Colony, Sector- 9, Noida Gautam Buddha Nagar, Uttar Pradesh, PIn201301 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Sikti P.S. Case No. 18 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 23.02.2024 by the informant, Manoj Kumar.

3. As per the prosecution story, the Police intercepted two motorcycles and there is recovery/seizure of 79.800 liters from the first motorcycle while 18 liters of foreign liquor from the second motorcycle belonging to him. This led to the FIR.

4. It is the case of the petitioner that the motorcycle was taken away by his cousin, has no criminal antecedent and remains outside from the State for his livelihood.

5. Learned APP opposes the prayer.

Patna High Court CR. MISC. No.61348 of 2025(2) dt.23-09-2025 2/3

6. Considering the aforesaid facts as also that the petitioner has no criminal antecedent, this this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Sikti P.S. Case No. 18 of 2024 to the satisfaction of learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

Patna High Court CR. MISC. No.61348 of 2025(2) dt.23-09-2025 3/3 (iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T