Md. Fahim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76491 of 2024 Arising Out of PS. Case No.-661 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Md. Fahim Alam Son of Late Salim Alam R/O Vill.- Milani Nagar, Mahato Para Road, Jugsalai, P.S.- Jugsalai, Dist.- East Singhbhum (Jamshedpur), Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise (Kahalgaon) P.S. Case No.661 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. A perusal of the First Information Report and the seizure list would go to show that a total 820.800 liters of foreign liquor has been recovered from a Mahindra Bolero vehicle.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case as he happens to be the registered owner of the said vehicle. It has been further submitted that the Bolero vehicle had already been given on

Patna High Court CR. MISC. No.76491 of 2024(5) dt.18-04-2025 2/2 lease to one Ravi Ranjan Kumar on a monthly rent of Rs.55,000/- and the petitioner has no knowledge whatsoever about the alleged occurrence. It is also a fact that the petitioner was not caught on the spot and nothing has been recovered from the physical or conscious possession of the petitioner.

5. Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioner has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IX, Bhagalpur in connection with Excise (Kahalgaon) P.S. Case No.661 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J) arvind/- U T