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Md. Mahtab Alam @ Golu @ Mahtab Akhtar v. The State of Bihar

Patna HC23 Feb 2024CR. MISC./7748/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise case alleging recovery of 42.03 litres of liquor from a sugarcane field. Petitioner claimed no conscious possession and false implication. Court granted anticipatory bail on furnishing bail bonds of Rs. 5000 with two sureties.

What did the court decide?

Anticipatory bail granted; release on Rs. 5000 bond with two sureties upon surrender within six weeks, subject to Section 438(2) CrPC conditions.

Md. Mahtab Alam @ Golu @ Mahtab Akhtar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7748 of 2024

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Arising Out of PS. Case No.-326 Year-2023 Thana- BAIRIYA District- West Champaran

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

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Md. Mahtab Alam @ Golu @ Mahtab Akhtar Son Of Md. Abulaish @ Mohammad Abulais Resident Of Village Mishri Tola P.S. Kalibag O.P. District West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 23-02-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 326 of 2023, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery is of 42.03 liter liquor from a sugarcane field.

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Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the place from where the alleged recovery was made is also

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Patna High Court CR. MISC. No.7748 of 2024(2) dt.23-02-2024 2/2

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accessible to the public at large and petitioner is not the owner of the sugarcane field and he came to be implicated at the instance of Chowkidar with whom he is on inimical terms.

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

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Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, West Champaran/Successor Court, where the case is pending/successor court in connection with Bairiya P.S. Case No. 326 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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aditi/-

Md. Mahtab Alam @ Golu @ Mahtab Akhtar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Mahtab Alam @ Golu @ Mahtab Akhtar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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