Allowed

Ismahamad Miyan v. The State of Bihar

Patna HC25 Apr 2023CR. MISC./11166/2023

Case brief

AI extract

What is this about?

Petitioner, charged under Section 30(a) of the Bihar Prohibition and Excise Act regarding recovery of liquor, moved for anticipatory bail. The court granted bail on depositing sum and furnishing bond with sureties, subject to conditions regarding address and other cases.

What did the court decide?

Anticipatory bail granted on deposit of Rs. 10,000 and furnishing bonds of Rs. 25,000 with two sureties of like amount.

Ismahamad Miyan Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11166 of 2023

¶2

Arising Out of PS. Case No.-409 Year-2022 Thana- BHORE District- Gopalganj

¶3

======================================================

¶4

ISMAHAMAD MIYAN Son of Late Sukat Miyan Resident of VillageLuhashi Domha, P.S.- Bhore, District- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh, Adv. For the Opposite Party/s : Mr.Shyam Bihari Singh, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶11

2 25-04-2023 Heard the parties.

¶12

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

¶13

Altogether 32.18 litres of foreign and country made liquor is said to have been recovered from a bag which is alleged to be thrown by the petitioner while fleeing away after leaving his motorcycle.

¶14

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the disclosure of local people. Petitioner has neither been apprehended on the spot nor any incriminating article has been

¶15

Patna High Court CR. MISC. No.11166 of 2023(2) dt.25-04-2023 2/3

¶16

recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner is not the owner of the said motorcycle. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

¶17

Petitioner is agreed to deposit a sum of Rs.10,000.00/(Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

¶18

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bhore P.S. Case No.409 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

¶19

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

¶20

Patna High Court CR. MISC. No.11166 of 2023(2) dt.25-04-2023 3/3

¶21

how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

¶22

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

¶23

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the Patna High Court Legal Services Committee.

¶24

(Anjani Kumar Sharan, J)

¶25

pallavi/-

Ismahamad Miyan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ismahamad Miyan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Rai @ Dharmendra Kumar Vs The State of Bihar

Manoj Kumar @ Manoj Yadav Vs The State of Bihar

Govind Dhirkar Vs The State of Bihar

Tetari Devi Vs The State of Bihar

Chandan Singh Vs the State of Bihar

Anuj Kumar Vs The State of Bihar