Md. Muzaffar Alam @ Muzaffar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73546 of 2025 Arising Out of PS. Case No.-226 Year-2025 Thana- KASBA District- Purnia ====================================================== Md. Muzaffar Alam @ Muzaffar Son of Jahid Resident of Bada Eidgah, P.S. - Amour District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the petitioner has antecedent of four cases under the Excise Act and allegation is of recovery of 394.2 litres of liquor from the house of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.73546 of 2025(2) dt.01-11-2025 2/3 the house or the liquor kept in the house was within knowledge of the petitioner. It is next submitted that he came to be implicated based on secret information which is the easiest way to implicate someone. It is further submitted that it absolutely does not stand to reason that if the liquor was found in the house of the petitioner as alleged then why he was implicated based on secret information. It is submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned counsel for the petitioner, 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 Provisional anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kasba P.S. Case No. 226 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.73546 of 2025(2) dt.01-11-2025 3/3 7.
It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than four antecedent then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of four cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) S.KUMAR/- U T