Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62140 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== AKHTAR HUSSAIN S/o Late Nazmul Hoda R/o Muhalla Azad Nagar, Tikri Road, P.S. Nagar Thana, Dist.- Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avanish Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-09-2019 This application, for grant of anticipatory bail, arises out of Nagar (Aurangabad) P.S. Case No. 203 of 2019, disclosing offences under Sections 30(a)/ 37(b) of the Bihar Prohibition of Excise Amendment Act, 2018.

Prosecution case is that police received secret information that petitioner and several other accused persons have kept illicit liquor in two cars, on which, the police raided the place of occurrence and recovered huge quantity of country made liquor/foreign liquor has been recovered and petitioner is has also been made accused.

Submission of learned counsel for the petitioner is that save and except confidential information, there is absolutely nothing against the petitioner. He has no criminal antecedent

Patna High Court CR. MISC. No.62140 of 2019(2) dt.30-09-2019 2/2 and has falsely been made accused in this case. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances, this application is disposed of with direction to the petitioner to surrender within a period of three weeks from the date of receipt of a copy of this order in the in court below and the court below is directed to verify the above submission as to whether save and except confidential information, there is nothing against the petitioner, if the said submission of learned counsel for the petitioner is found true, the court below shall release the petitioner on bail to his own satisfaction, otherwise, petitioner has to surrender and pray for regular bail. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T