Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63128 of 2025 Arising Out of PS. Case No.-74 Year-2017 Thana- GANGABRIDGE District- Vaishali ====================================================== Md. Arif S/o Maqshudal Haque R/o Village - Bagnabad, Bihar Sarif, P.S - Bihar Sarif, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar, Advocate Mr.Suresh Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Ganga Bridge P.S. Case no.74 of 2017, registered under section 414 of the Indian Penal Code and sections 48 and 52 of the Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, on a search being conducted, one Deepak Kumar was arrested and Rs. 2,67,280/- in cash besides mobile phone and sims etc were recovered. It is further stated that on enquiry he disclosed that he was going to pay a sum of Rs. 2.5 lacs to the petitioner by way of an advance for the supply of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The only material against him is the statement of a co-accused made before police that some amount was going to be paid to the petitioner for

Patna High Court CR. MISC. No.63128 of 2025(2) dt.24-09-2025 2/2 the supply of liquor. There is absolutely no material against the petitioner in the FIR. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the only material against the petitioner being the statement of a co-accused made before police that the said co-accused was going to pay an advance in cash to the petitioner for supply of illicit liquor together with the fact of the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ganga Bridge P.S. Case no.74 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court no.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur.

(Partha Sarthy, J) Shiv/- U T