Maqsood @ Masud Anjar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71046 of 2024 Arising Out of PS. Case No.-119 Year-2017 Thana- DAGARUA District- Purnia ====================================================== Maqsood @ Masud Anjar son of Abubakar Village- Gerabari Block (Behind Sadar Hospital), Zorabganj, Ps- Korha, Dist- katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 273 of the Indian Penal Code and Section 30(a) & 41 of the Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Altogether 44.250 litres of foreign liquor has been recovered from the alleged car. The driver of the said car was apprehended on the spot and disclosed that the said car belongs to the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious physical possession of the petitioner. It is further
Patna High Court CR. MISC. No.71046 of 2024(2) dt.23-10-2024 2/3 submitted that petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. It is further submitted that the petitioner is not the registered owner of the seized Maruti Car, but merely on the basis of the confessional statement of co-accused Md. Shahwaz Khan, his name has been transpired in the present case. Learned counsel further submits that petitioner has two criminal antecedents of similar nature of offence that of the present case.
5. Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in
Patna High Court CR. MISC. No.71046 of 2024(2) dt.23-10-2024 3/3 connection with Dagaruaa P.S. Case No. 119 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T