Mohammad Kamran v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Jitendra Narain Sinha Mr.Shailendra Kumar ORAL ORDER 2 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Excise Case No. 172 of 2025 arising out of Sasaram Excise P.S. Case No. 87 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018/2022.

As per prosecution case, there is alleged recovery of 45 litre illicit liquor from the e-rickshaw in question and co-accused Md. Armaan and Md. Salim were apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced during the course of investigation as registered owner Patna High Court CR. MISC. No.29758 of 2025(2) dt.14-05-2025 of the vehicle in question. Petitioner has handed over the e- rickshaw in question to the relevant person for being used to ply people and for commercial use only and petitioner cannot be held liable for the same. Petitioner has no knowledge that his vehicle has been misused for carrying illicit liquor. Petitioner has nothing to do with the alleged recovery. Seizure list has not been prepared as per law. Learned counsel submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, 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 bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Patna High Court CR. MISC. No.29758 of 2025(2) dt.14-05-2025 Judge, Excise Court No-1, Rohtas at Sasaram in connection with Excise Case No. 172 of 2025 arising out of Sasaram Excise P.S. Case No. 87 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- U T (Alok Kumar Pandey, J)