Md. Asfaque @ Ashfak @ Md. Asphak Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Asfaque @ Ashfak @ Md. Asphak Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail in connection with Palasi P.S. Case no. 99 of 2025, conditional on arrest/surrender before the learned Court below within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Palasi P.S. Case no. 99 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail.

Court's answer

In granting anticipatory bail, the Court took into consideration the allegations against the petitioner in the F.I.R., the fact that the petitioner had not been arrested at the spot, and especially that the petitioner had no antecedent under the Bihar Prohibition and Excise Act, 2016.

Ratio / Principle

The petitioner, in the event of arrest or surrender before the learned Court below within four weeks, is to be released on anticipatory bail in connection with Palasi P.S. Case no. 99 of 2025 on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria.

Detailed headnote1 paragraphs

Anticipatory Bail – Bihar Prohibition and Excise Act, 2016, s. 30(a): Patna High Court (Partha Sarthy, J, oral order, 04-06-2025) granted anticipatory bail to petitioner apprehending arrest in Palasi P.S. Case No. 99 of 2025 (District Araria), where a raid prompted by information of liquor sale led to recovery of 3.6 litres of Nepali liquor and villagers identified the absconding accused as the petitioner. Grant rested on: (i) allegations in the F.I.R., (ii) petitioner not having been arrested at the spot, and (iii) absence of any antecedent under the Act. Release directed upon arrest or surrender within four weeks before the Court below, on bail bond of Rs.10,000/- with two like sureties, to the satisfaction of the District & Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35046 of 2025

Arising Out of PS. Case No.-99 Year-2025 Thana- PALASI District- Araria

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

Md. Asfaque @ Ashfak @ Md. Asphak S/O Md. Basir R/O Village- Balua Duodhi (Deyodhi), Naya Nagar, Ward No. 11, P.S- Palasi, District.- Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Madhav Jha, Advocate For the Opposite Party/s : Mr.Anant Kumar 1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 04-06-2025 1. Heard the parties.

The petitioner has preferred this application for

grant of anticipatory bail apprehending his arrest in connection with Palasi P.S. Case no. 99 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the informant states that on receiving information about the accused being involved in sale of liquor, a raid was conducted. On seeing the police personnel the accused managed to escape. A total of 3.6 litres of Nepali liquor was recovered. The villagers who had gathered seeing the police personnel identified the accused who had escaped as the petitioner herein.

It is the case of the petitioner that neither the petitioner was arrested at the spot nor any incriminating article

Patna High Court CR. MISC. No.35046 of 2025(2) dt.04-06-2025 2/2

recovered from his possession. The petitioner has been falsely implicated in the case. He has no criminal antecedent.

The application for anticipatory bail is opposed by learned A.P.P for the State.

Having heard learned counsel for the parties and having perused the contents of the petition, taking into consideration the allegations against the petitioner in the F.I.R, the petitioner not having been arrested at the spot and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Palasi P.S. Case no. 99 of 2025 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria.

(Partha Sarthy, J)

Shiv/-

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