Aadam Ali @ Md. Aadam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61326 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Aadam Ali @ Md. Aadam Ansari Son Of Basruddin Ansari Resident Of Village- Murhadih, P.S.- Kanhauli, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kanhauli P.S. Case no. 124 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 900 liters Nepali wine from a vehicle bearing Registration no. MH04-AW6365. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that he has got no criminal antecedent and has been falsely implicated in the present case. It is also submitted that he has no concern with the alleged

Patna High Court CR. MISC. No.61326 of 2022(2) dt.09-12-2022 2/2 recovery of liquor or with the vehicle in question. The name of the petitioner came into light in this case on the basis of confessional statement of co-accused persons who were arrested on spot. It is further submitted that neither the petitioner was arrested nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kanhauli P.S. Case no. 124 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court-I, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubhamU T