Md. Kabir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82878 of 2024 Arising Out of PS. Case No.-184 Year-2024 Thana- Excise P.S. District- Katihar ====================================================== Md. Kabir Alam Son of Md. Mohsin @ Md. Mohsin Alam R/O Pomra Tajpur, Pamra, P.S- Balrampur, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Adv.
For the State :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Excise Barsoi P.S. Case No. 184 of 2024 instituted for the offences under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that on a bike altogether 35 liters of country-made liquor was recovered. The case was lodged against the owner and the driver of the said bike. Petitioner is the owner of the said bike in question.
4. Learned counsel for the petitioner has submitted that someone has borrowed his bike for emergency call. He further submitted that petitioner has no concern with the alleged recovery of liquor. Being the owner of the alleged bike, he has
Patna High Court CR. MISC. No.82878 of 2024(2) dt.10-12-2024 2/2 been falsely implicated in this case. Nothing has been recovered from his possession. Moreover, the petitioner having no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. 1, Katihar in connection with Excise Barsoi P.S. Case No. 184 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashok Kumar Pandey, J) Arish/- U T