Mohammad Mazhar Ali @ Md. Mazhar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4358 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Mohammad Mazhar Ali @ Md. Mazhar Hussain S/o- Late Mohammad Akbar Ali Village- Pethiya Bazar Ps- Danapur Cum Khagaul Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Sahay Jamuar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case No. 13 of 2024 registered for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 67.950 litres of Indian Made Foreign Liquor was recovered from XUV 500 Car.

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

Patna High Court CR. MISC. No.4358 of 2025(2) dt.31-01-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is relevant to state that although the said car was sold to Jitu Kumar on 21.05.2023 but he did not transfer the car in this own name and therefore the name of petitioner is still showing as owner of the said car in D.T.O office. The petitioner has no criminal antecedent. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted regular bail passed by this Court vide order dated 21.02.2024 in Cr. Misc. No. 10474 of 2024. 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 abovenamed, 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

Patna High Court CR. MISC. No.4358 of 2025(2) dt.31-01-2025 3/3 court in connection with Alamganj P.S. Case No. 13 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