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Patna High CourtCR. MISC./69978/2025allowed

Md. Kalam v. The State Of Bihar

2025-10-14Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69978 of 2025 Arising Out of PS. Case No.-482 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Md. Kalam, Son of Late Hafiz Jafeer Uddhin Resident of village - Aadampur Piplavan, Police Station - Aadampur Piplavan, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 482 of 2023, instituted for the offences under Sections 379 and 411 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. On getting information regarding transportation of illicit liquor on a motorcycle, police party reached at the marked place and recovered of 30 litres of country made liquor from a Pulsar motorcycle along with a TVS Victa motorcycle. Coaccused Umesh Yadav and Dadan Yadav were apprehended on the spot. Dadan Yadav was riding on the said TVS Victa of the petitioner who was doing the work of liner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case

Patna High Court CR. MISC. No.69978 of 2025(2) dt.14-10-2025 2/2 being registered owner of the said TVS Victa in question. Coaccused Vicky Singh had taken the motorcycle of the petitioner for his personal work. Petitioner had no knowledge about the misuse of the motorcycle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Bhojpur, Ara in connection with Shahpur P.S. Case No. 482 of 2023, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T