Jumman Mian @ Md. Juman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65885 of 2022 Arising Out of PS. Case No.-510 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Jumman Mian @ Md. Juman S/O Lal Muhammad @ Aklu Mian R/O VillageSarmaspur, P.S.- Kanti, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kanti P.S. Case no. 510 of 2022 instituted for the offence under Sections 420, 467, 468, of of the Indian Penal Code & Sections 30(a)/32(i) (ii)/36/41(i) of Bihar Prohibition & Excise Act.

Prosecution case relates to recovery of total 681.480 liters of country made foreign liquor from two different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has not involved in the business of carrying illicit liquor and has no concern with

Patna High Court CR. MISC. No.65885 of 2022(2) dt.09-12-2022 2/2 the alleged recovery of liquor. It is further submitted that the vehicles from where recovery has been made, do not belong to the petitioner. The name of the petitioner has been disclosed in this case by the apprehended persons. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kanti P.S. Case no. 510 of 2022, he will be enlarged on 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, Court - II, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubham U T