Anish Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74588 of 2025 Arising Out of PS. Case No.-270 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== Anish Ahmed S/o Late Munna Khan Resident of village- Jigar Colony Nahtor, Police Station- Nahtor, District- Bijnaour Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buxer Excise Thana P.S. Case No. 270 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 1611.300 liters of illicit foreign liquor from the Eicher Sixwheeler cargo truck. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.74588 of 2025(2) dt.01-11-2025 2/3 against him and has falsely been implicated in the present case merely due to highhandedness of the police and malicious motive. The petitioner is the driver of the alleged six-wheeler truck having no knowledge of the illicit liquor being kept on the same. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 10.07.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.74588 of 2025(2) dt.01-11-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxer Excise Thana P.S. Case No. 270 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T