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2025 DAILYLAW 35673 (PAT)

Kamal Hussain v. The State Of Bihar

CR. MISC./24053/2025 · 2025-04-11

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24053 of 2025 Arising Out of PS. Case No.-261 Year-2019 Thana- BAISI District- Purnia ====================================================== Kamal Hussain S/O Md. Ismaile R/O Vill.- Roushan Bagh, Hridayganj, P.S.- Katihar, District- Katihar ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 11-04-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Baisi Police Station Case No. 261 of 2019, registered for the offences under Sections 272/273 of the Indian Penal Code and Section 30(a)/41/47 of Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution story, on 13.11.2019 at around 1:45 AM, Police received secret information about a Pick- up van transporting illegal liquor from Dalkola to Purnea. Upon this information, the Police set up a checkpoint at Dangraha Bridge and upon seeing the Police, the driver of Patna High Court CR. MISC. No.24053 of 2025(2) dt.11-04-2025 2/3 the pick-up van tried to flee but was caught. He identified himself as Sunil Yadav. Sunil Yadav revealed that a person named Murshid from Dalkola had instructed him to transport the liquor to Purnea. Upon search of the vehicle, a total of 882 liters of illicit foreign liqour and cash of Rs.10,700/- along with two mobile phones, were recovered. 4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and has falsely been implicated in the present case on the basis of the confessional statement of arrested co-accused. Learned counsel next submits that during course of investigation, the named accused Murshid Alam disclosed the name of the petitioner without any basis. The petitioner was not aware about the present case and only came to know recently when the police started searching him. Petitioner is not the owner of the seized vehicle and has no concern with illicit liquor. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is having four criminal antecedents of serious nature, I am not inclined to grant the petitioner privilege Patna High Court CR. MISC. No.24053 of 2025(2) dt.11-04-2025 3/3 of anticipatory bail. 6. This application is, accordingly, dismissed. ashwani/- (Anil Kumar Sinha, J) U T