Md. Shabbir @ Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21689 of 2024 Arising Out of PS. Case No.-358 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Shabbir @ Md. Sabir S/O Md. Hadish R/O Village- Majhauliya Khetal, P.S- Sadar, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a), of the Bihar Excise Act and Section 414 and 489 of the I.P.C. 3.

Learned counsel for the petitioner submits that the petitioner is a person with three criminal antecedents and allegation is of recovery of 360 ml. of illicit liquor from a motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that petitioner being the owner of the seized motorcycle came to be implicated in a mechanical manner. It is next submitted that

Patna High Court CR. MISC. No.21689 of 2024(2) dt.29-03-2024 2/2 no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is thus submitted that the petitioner was completely unaware that his friend, namely, Md. Rashid would misuse his vehicle in the manner as alleged, he was also apprehended from the spot.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, 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 bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kazi Muhammadpur P.S. Case No. 358 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) mdrashid/- U T