Mehsar Imam @ Md. Mahsar Alam Vs the State of Bihar — Anticipatory Bail | Patna HC (2025)

Mehsar Imam @ Md. Mahsar Alam Vs the State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, upon arrest/surrender before the court below within eight weeks, to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Exclusive Special Judge Excise, Saharsa, in respect of Baktiyarpur P.S. Case No. 182 of 2024, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who apprehends arrest in connection with PS Case No. 182 of 2024 (Simri Bakhtiyarpur, Saharsa) involving offences under Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Having considered the facts and circumstances of the case, this court allows the anticipatory bail application of the petitioner.

Ratio / Principle

In the event of arrest or surrender before the court below within eight weeks from the date of this order, the petitioner is to be enlarged on bail on a personal bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge Excise, Saharsa, in connection with Baktiyarpur P.S. Case No. 182 of 2024.

Key takeaways

The enlargement on bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶20

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Mehsar Imam @ Md. Mahsar Alam, apprehending arrest in Baktiyarpur P.S. Case No. 182 of 2024 (District Saharsa) for offences under Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, following alleged recovery of 15.5 litres illicit cough syrup from a bamboo clump behind his house. Counsel argued recovery was from an open place accessible to all, not conscious possession, and that petitioner has one similar antecedent in which he is on bail. Granting anticipatory bail, the court directed that on arrest/surrender within eight weeks the petitioner be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of like amount each, before the Exclusive Special Judge Excise, Saharsa, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83487 of 2024

Arising Out of PS. Case No.-182 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa

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

MEHSAR IMAM @ Md. MAHSAR ALAM SON OF MD. AKHTAR @ AKHTAR ALI RESIDENT OF VILLAGE - PAHARPUR WARD NO. 3, P.S. - BAKHTIYARPUR, DISTRICT - SAHARSA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 27-01-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 15.5 litres illicit cough syrup has been recovered from bamboo clump situated behind the house of petitioner.

Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Recovery has been made from an open place, accessible to all. Petitioner has got one criminal antecedent of

Patna High Court CR. MISC. No.83487 of 2024(3) dt.27-01-2025 2/2

similar nature in which he is on bail.

Learned A.P.P. for the State vehemently opposed

the bail application.

Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise, Saharsa in connection with Baktiyarpur P. S. Case No. 182 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Navya/-

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