Patna High Court - Orders
Md. Ibrahim Ansari @ Md. Ebrahim vs The State Of Bihar on 17 October, 2019
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62418 of 2019
Arising Out of PS. Case No.-143 Year-2019 Thana- MADHUBANI TOWN District-
Madhubani
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Md. Ibrahim Ansari @ Md. Ebrahim, Son of Md. Motiur Rahman Resident of
Village- Dahibat Momin Tole, P.S.- Pandaul, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Pradeep Narain Kumar
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
2 17-10-2019Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No.143 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016, pending in the court of 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani.
The accusation is that on receiving secret information about unloading of illicit liquor from two vehicles near the house of Md. Mustufa and Md. Irfan in village Sahua, the informant along with other police personnel reached there then saw that behind hut, two vehicles were parked and several Patna High Court CR. MISC. No.62418 of 2019(2) dt.17-10-2019 2/3 cartoons of liquor also seen near the vehicles. In course of search, near the vehicle bearing registration no. BR06PB- 3435, 13 cartoons each containing 12 bottles of 750 ml, one cartoon containing two bottles of 750 ml, 4 cartoon containing 96 bottles of 375 ml, 8 cartoons containing 192 bottles of 375 ml, 6 cartoons containing 288 bottles of 180 ml and 9 cartoons each containing 48 bottles of 180 ml of Indian made foreign liquor recovered.
Learned counsel for the petitioner submits that petitioner is the owner of XUV vehicle bearing registration no. BR06PB- 3435, which was found behind the hut, from where, the seized bottles of illicit liquors are said to be recovered. In fact, the said vehicle of petitioner was parked there in the night and he had no knowledge about keeping the seized cartoons of liquors there. Moreover, co-accused, Mustufa @ Mustafa and Irfan, whose houses were situated near the place of occurrence, have already been allowed the privilege of pre-arrest bail by a Bench of this Court vide order dated 30.07.2019 passed in Criminal Misc. No. 47438 of 2019.
Learned A.P.P. opposed the prayer for pre-arrest bail of the petitioner with submission that while the place of occurrence is of village Sahua but the petitioner's village is Patna High Court CR. MISC. No.62418 of 2019(2) dt.17-10-2019 3/3 Dahibat different to the place of occurrence.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) Bhardwaj/-
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