Md. Amir @ Md. Amir Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63982 of 2022 Arising Out of PS. Case No.-274 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

MD. AMIR @ MD. AMIR NAT Son of Md. Mumtaz @ Mumtaz Nat Resident of Village- Islampur, Nagar Panchayat, Ward No.-11, P.S.- Jhanjharpur, District- Madhubani 2.

SHALMAN KHURSHID @ MD. SALMAN Son of Md. Mumtaz @ Mumtaz Nat Resident of Village- Islampur, Nagar Panchayat, Ward No.-11, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 717.6 liters of liquor and 12.75 liters of foreign liquor from a field beside Mohammad Bhaglu's house. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession, even the alleged

Patna High Court CR. MISC. No.63982 of 2022(2) dt.29-11-2022 2/2 recovery is from a place which does not belong to the petitioners.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhanjharpur P.S. Case No. 274 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T