Noman Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68351 of 2025 Arising Out of PS. Case No.-440 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== Noman Hasan S/o Md. Chhedi Resident of Neharu Nagar Padrauna, P.S.- Padrauna, District- Kushingar (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 45.25 litres illicit liquor was recovered from a sack which was tied on the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being registered owner of the vehicle in question. However, the said vehicle was sold by the petitioner to one Santosh Singh through sale deed on 29.04.2014 but the said purchaser did not take steps for transfer of the said ownership. Nothing has been recovered from conscious possession of the petitioner. After sale

Patna High Court CR. MISC. No.68351 of 2025(2) dt.13-10-2025 2/2 of said motorcycle, petitioner has no concern with the same. Petitioner had no knowledge about the misuse of the said motorcycle. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for 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 Court concerned, Gopalganj in connection with Kateya P.S. Case No.440 of 2019 subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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