Disposed

Md. Naushad v. the State of Bihar

Patna HC20 Apr 2023CR. MISC./6153/2023

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case involving recovery of wine from multiple vehicles; petitioner named only as motorcycle owner with no criminal antecedent or incriminating recovery in his possession. Granted conditional bail.

What did the court decide?

Anticipatory bail granted on furnishing bonds of Rs.10,000 with two sureties each, subject to Section 438(2) CrPC conditions.

Md. Naushad Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6153 of 2023

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Arising Out of PS. Case No.-551 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

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

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MD. NAUSHAD S/O MD. SATTAR Resident of Village- Bagwara, P.S.Muffasil, District- Begusari.

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr.Sabal Kumar Jha, Advocate For the Opposite Party : Mr.Abhay Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 20-04-2023

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Heard learned counsel for the petitioner and learned APP

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for the State.

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The petitioner is apprehending his arrest in a case registered under Sections - 272, 273 120(B) of the Indian Penal Code and Section-30(a) of the Bihar Excise Act.

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The prosecution case, in short, is that 2240.280 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case as he is said to be owner of the motorcycle, in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 7.280 liters wine is said to have been recovered from the motorcycle of the petitioner. The motorcycle, in question was given by the petitioner to his co-villager for his

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Patna High Court CR. MISC. No.6153 of 2023(2) dt.20-04-2023 2/2

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personal use. Recovery of rest wine was made from other vehicles which do not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.)

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Begusarai in connection with Muffasil P.S. Case No. 551 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

Md. Naushad v. the State of Bihar

Case brief

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Md. Naushad v. the State of Bihar

Case brief

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