Sakil Ali Khan @ Sakir Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17914 of 2020 Arising Out of PS. Case No.-476 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== SAKIL ALI KHAN @ SAKIR ALI KHAN Son of Musha Khan Resident of Village - Meda Rani, Alih Khurdh, Court Road Nuszedh, P.S.- Hathin, Distt - Palaul, Hariyana.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Bindo Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 14-05-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 467, 468, 471, 120(B)/34 of Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition & Excise (Amendment) Act, 2018. Allegation is recovery of 5330.880 litres foreign liquor from a truck and 8.640 ml. of foreign liquor from a cartoon which was fallen from the bike of the miscreants. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case in order to save the real culprits. It has further been submitted that on the alleged date and time of occurrence,

Patna High Court CR. MISC. No.17914 of 2020(2) dt.14-05-2020 2/3 petitioner was returning from a function of his friend and on the way, he was caught by the police merely on suspicion. No incriminating material has been recovered from the possession of the petitioner. It has lastly been submitted that petitioner is neither the driver nor the owner of the truck and he has no concern with the recovered liquor. Petitioner has no criminal antecedent and he is in custody since 17.12.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Siwan Muffasil (Madadeva) P.S. Case No.476/2019 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.17914 of 2020(2) dt.14-05-2020 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T