Md. Quamre Alam @ Quamre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87963 of 2024 Arising Out of PS. Case No.-249 Year-2020 Thana- JHANJHARPUR District- Madhubani ====================================================== Md. Quamre Alam @ Quamre Alam, Son of Md. Zafir Ahmad, Resident of Village - Kharua, P.S. - Sadar Kharua, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhumala Kumari, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and Mr. Rajesh Kumar, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jhanjharpur A.S.O.P. P.S. Case No. 249 of 2020 instituted for the offence under Sections 279, 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from an accidental vehicle, altogether 14.400 liters of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Being the owner of the vehicle, he has falsely been implicated in this case. He has no concern with the

Patna High Court CR. MISC. No.87963 of 2024(2) dt.20-12-2024 2/2 alleged liquor. Nothing has been recovered from his conscious possession. It is further submitted that similarly situated coaccused has already been granted anticipatory bail by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 83151 of 2024.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jhanjharpur A.S.O.P. P.S. Case No. 249 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise Act, Jhanjharpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T