Abdul Halim @ Halim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79442 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- BAISI District- Purnia ====================================================== Abdul Halim @ Halim S/o Shamshul @ Shamshul Haque R/o Village - Dangraha Sripur, P.S - Baisi, District - Purnia ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Baisi P.S. Case No. 339 of 2025 dated 20.08.2025 registered under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the first information report a total quantity of 18.825 liters of foreign liquor has been recovered from an Apache motorcycle and the Police arrested two co-accused persons namely, Kundan Kumar and Chhotu Kumar who were riding on the motorcycle.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the
Patna High Court CR. MISC. No.79442 of 2025(2) dt.03-12-2025 2/3 Police due to oblique motive. The name of the petitioner transpired in the confessional statement of the arrested co-accused Kundan Kumar and Chhotu Kumar. The petitioner is not the owner nor the driver of the Apache motorcycle in question. The illicit foreign liquor has not been recovered from the conscious possession and / or vehicle belonging to the petitioner. The petitioner is having one criminal antecedent of similar nature of offence.
5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit foreign liquor has not been recovered from the conscious possession and / or vehicle belonging to the petitioner and the name of petitioner has transpired in the confessional statement of the arrested co-accused, accordingly , I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise -I, Purnia in connection with Baisi P.S. Case No. 339 / 2025 subject to the condition as laid down under
Patna High Court CR. MISC. No.79442 of 2025(2) dt.03-12-2025 3/3 Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T