Wakil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65544 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- AMJOR District- Rohtas ====================================================== Wakil Ahmad Son of Md Amaluddin R/o Village - Dhansa (Budhua Tola), P.S. - Rohtas, Dist. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Amjhor P.S. Case No. 91 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, 396.680 litre foreign liquor was recovered from the bolero in question and coaccused Md. Hussain was apprehended on the spot and he disclosed the name of the petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case.

Patna High Court CR. MISC. No.65544 of 2025(2) dt.24-09-2025 2/3 Except disclosure of co-accused Md. Hussain, there is nothing on record to connect the petitioner with the alleged occurrence. Petitioner is not the owner of the bolero vehicle in question. Learned counsel submits that petitioner has no concern with the alleged recovered liquor. Petitioner is not in any way connected with the alleged occurrence. Petitioner bears no criminal antecedent. There is no compliance of Section 103(4) of B.N.S.S, 2023. Nothing has been recovered from the conscious possession of the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Sasaram, Rohtas in connection with Amjhor P.S. Case No. 91 of 2025, subject to the conditions as laid down

Patna High Court CR. MISC. No.65544 of 2025(2) dt.24-09-2025 3/3 under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T