Mafud Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3967 of 2020 Arising Out of PS. Case No.-68 Year-2019 Thana- BALTHAR District- West Champaran ====================================================== Mafud Shekh Son of Imthar Alam @ Intehar Shekh @ Sk. Inthar Resident of Village- Murli Parsauni, P.S.- Balthar, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Balthar P.S. Case No. 68 of 2019 registered for the offence under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per F.I.R., 6.6 liters of Nepali liquor is said to have recovered from a motorcycle.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. It is further submitted that petitioner is neither owner nor driver of the motorcycle in question. The seized liquor also does not belong to petitioner. Mandatory provision under Section 100 Cr.P.C. has not been followed with respect to search and seizure. Petitioner has no

Patna High Court CR. MISC. No.3967 of 2020(2) dt.03-03-2020 2/2 criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Special Judge, Excise, Bettiah, West Champaran in connection with Balthar P.S. Case No. 68 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T