Anwar Abbasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60795 of 2025 Arising Out of PS. Case No.-256 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Anwar Abbasi S/o Kitabu Miya, R/o Village- Jamarodh, P.S.- Dinara, DistrictRohtas, State- Bihar, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar, Advocate.

For the Opposite Party/s :

Mr. Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sasaram Excise Case No.593 of 2025, Excise P.S. Case No.256 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 431.52 litre illicit foreign liquor from the trolley of tractor near Kochas bridge and the petitioner tried to flee away from the spot leaving his tractor but was apprehended on chase.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the driver of the seized tractor. He further submits that petitioner is neither owner nor regular driver of the seized tractor, rather he was requested by the owner of the seized tractor to park the same and he had no knowledge about the fact that illicit liquor was kept in the trolley of the tractor. Learned counsel submits that

Patna High Court CR. MISC. No.60795 of 2025(2) dt.18-09-2025 2/2 no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is in custody since 23.07.2025 and he has one criminal antecedent, in which he is on bail. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1, Rohtas at Sasaram in connection with Sasaram Excise Case No.593 of 2025, Excise P.S. Case No.256 of 2025.

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