Allowed

Md. Naushad @ Naushad v. The State of Bihar

Patna HC21 Aug 2024CR. MISC./60102/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought for alleged recovery of 126 litres of liquor from a motorcycle; petitioner claimed false implication and clean antecedents. The court allowed the application and granted conditional anticipatory bail with verification of antecedents.

What did the court decide?

Anticipatory bail: release on bail-bonds of Rs.500 with two sureties of like amount within six weeks, subject to Section 438(2) Cr.P.C. conditions and antecedent verification.

Md. Naushad @ Naushad Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60102 of 2024

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Arising Out of PS. Case No.-176 Year-2021 Thana- KURSAKANTA District- Araria

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

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Md. Naushad @ Naushad, S/O Md. Ashraf R/O Village- Ghoraghat, Ramai,Ward No 2, Forbeasuganj, Distt.- Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Krishna Chandra For the Opposite Party/s : Mr.Braj Kishore Pd.(APP)

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 21-08-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 126 litres of liquor from a motorcycle.

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The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on statement of Md. Alam Rubaksh, who claimed that he had sold

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Patna High Court CR. MISC. No.60102 of 2024(2) dt.21-08-2024 2/3

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the motorcycle to the petitioner. It is next submitted that petitioner never purchased the said motorcycle and it appears that for some ulterior reason, he has been implicated in the instant case, when admittedly petitioner is a person with clean antecedent.

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Learned A.P.P. opposes the anticipatory bail application.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-cum- Special Judge Excise-II, Araria in connection with Kursakanta P. S. Case No.176 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that

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Patna High Court CR. MISC. No.60102 of 2024(2) dt.21-08-2024 3/3

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event, the present anticipatory bail order shall not be given effect to.

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(Satyavrat Verma, J)

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vikash/-

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U T

Md. Naushad @ Naushad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Naushad @ Naushad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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