Md. Saheb @ Md. Saheb Kamal @ Md. Sahabamomin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17800 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== Md. Saheb @ Md. Saheb Kamal @ Md. Sahabamomin S/O Md. Alam @ Md. Aalam Momin R/O Village- Nima Chakhaidar, Ward No. 05, P.O And P.SChakmehshi, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anu Priyadarshni, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 79.344 litres of liquor from a field. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the field does not belong to the petitioner and he came to be implicated based on a secret information

Patna High Court CR. MISC. No.17800 of 2023(2) dt.10-05-2023 2/2 which is the easiest way to implicate an innocent person when admittedly petitioner is a person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chakmehsi P.S. Case No. 180 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi-II U T