Nawed Anjum @ Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81164 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- PALASI District- Araria ====================================================== Nawed Anjum @ Gulab Son of Md. Matin @ Matin Resident of Village - Barhat, Ward No. 02, P.S. - Palasi, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 01 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case in short is that total 124.800 litres of illicit Nepali liquor was recovered from the Scorpio, Maruti Suzuki Car, and the motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.81164 of 2024(2) dt.22-11-2024 2/2 possession of the petitioner. It is submitted that petitioner has no concern with the seized motorcycle or the Scorpio or the Car. There is no compliance of Section 100 Cr.P.C. 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.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Palasi P.S. Case No. 01 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T