Md. Alam Kasai @ Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68943 of 2024 Arising Out of PS. Case No.-712 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Md. Alam Kasai @ Md. Alam S/o Md. Israil R/o Village- Shekhsawat Bagh, P.S.- Nawada, District- Nawada At present- Muslim Nagar Police Station Road, P.S.- Nagar, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with G.O. Case no. 712 of 2021 instituted for the offence under Sections 30(a) and 56(B) of the Bihar Prohibition and Excise Act.

3. According to the case of prosecution, there has been recovery of total 60 liters of illicit liquor from an ERickshaw. Apprehended person disclosed the name of the petitioner who fled from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.68943 of 2024(2) dt.18-10-2024 2/2 committed no offence. He has falsely been implicated in this case. He was not apprehended on spot by the police. Neither anything has been recovered from his conscious possession nor he has any concern with the alleged liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. 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 G.O. P.S. Case no. 712 of 2021, 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 Exclusive Special Excise Court-2, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) shubham/- U T