Amzad Ali @ Rinku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75980 of 2024 Arising Out of PS. Case No.-512 Year-2018 Thana- ARARIA District- Araria ====================================================== Amzad Ali @ Rinku Son Of Salauddin Resident Of Village- Sisauna, Zero Mile, Ps- Araria, District- Araria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 30(a)/38 of the Bihar Prohibition & Excise Act.
3. It is a case of recovery of twenty two litres of cough syrup from the house of co-accused Nayeem. Petitioner is alleged to have supplied the alleged contraband.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner is apprehended
Patna High Court CR. MISC. No.75980 of 2024(2) dt.22-11-2024 2/3 on spot nor anything incriminating has been recovered from his conscious possession. He has no concern either with the seized contraband or with the place of recovery. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, co-accused Amanat (S/O Nayeem - from whose house the incriminating Syrup is alleged to have been seized) has already been granted bail vide order dated 04.10.2028, passed in Cr. Misc. No. 61637 of 2028 by the co-ordinate Bench of this Court.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. 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 Araria P.S. Case no. 512 of 2018, they 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
Patna High Court CR. MISC. No.75980 of 2024(2) dt.22-11-2024 3/3 Special Judge, Excise 1st, Araria, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T