Allowed

Imran Alam v. The State Of Bihar

Patna HC8 Aug 2024CR. MISC./55658/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a petitioner apprehending arrest in an excise case over alleged recovery of liquor from his motorcycle; bail granted with conditions including verification of criminal antecedents before bonds are accepted.

What did the court decide?

Anticipatory bail granted on furnishing bail bonds of Rs.500/- with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions and verification of criminal antecedents.

Imran Alam Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55658 of 2024

¶2

Arising Out of PS. Case No.-72 Year-2024 Thana- Excise P.S. District- Aurangabad

¶3

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

¶4

Imran Alam Son of Nehaluddin R/O Vill.- Kara, P.S. - Obra, Dist.Aurangabad, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Alka Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

2 08-08-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

¶15

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

¶16

Allegation is of recovery of 12 litres of liquor from a motorcycle.

¶17

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted

¶18

Patna High Court CR. MISC. No.55658 of 2024(2) dt.08-08-2024 2/2

¶19

that petitioner was completely unaware that Prince Kumar would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Chittranjan Kumar and Vikrant Kumar.

¶20

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶21

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, 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.500/- (Rupees Five Hundred) 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 Daudnagar Excise P.S. Case No. 72 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶22

However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.

¶23

(Satyavrat Verma, J)

¶24

Kundan/-

Imran Alam v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Imran Alam 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

Sonu Yadav Vs The State of Bihar

Ramlochan Sah Vs The State of Bihar

Bhushan Yadav Vs The State Of Bihar

Satish Kumar Vs The State of Bihar

Ansar Alam Vs The State of Bihar

Krishn Yadav @ Krishna Yadav Vs The State of Bihar