Kallu Miyan @ Kallu Ahmad @ Kallu Ahamad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83384 of 2024 Arising Out of PS. Case No.-321 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Kallu Miyan @ Kallu Ahmad @ Kallu Ahamad, Son of Late Rafi Ahmad @ Md Rafi Miyan, Resident of Vill- Sabalpur, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nadi P.S. Case No. 321 of 2021 instituted under Section 30 (a) of Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 6.75 litres of illicit liquor was recovered from the plastic sack at Radha Brickkiln near village Sabalpur and the allegation against the petitioner is that he is involved in selling the illicit liquor and on raid he fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to one criminal antecedent. There is no recovery made from physical or conscious possession of the petitioner. He was not present at the

Patna High Court CR. MISC. No.83384 of 2024(2) dt.11-12-2024 2/2 place of occurrence. He has no concern with the seized liquor. Petitioner has one criminal antecedent in which he is on bail and he undertakes to cooperate in the investigation of the present case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge Excise, Patna City, in connection with Nadi P.S. Case No. 321 of 2021, subject to the conditions laid down in Section 482

(2) of the BNSS.

(Sunil Dutta Mishra, J) khushbu/- U T