Sakir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21020 of 2022 Arising Out of PS. Case No.-360 Year-2021 Thana- BARUN District- Aurangabad ====================================================== SAKIR ANSARI S/o Md. Imdad Ansari Resident of Village- Rewatkala, P.O.- Matlaung, P.S.- Manika, District- Latehar (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barun P.S. Case no. 360 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case relates to total recovery of 411 liter country made liquor from a vehicle bearing Registration No. JH01E-6210.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. It is further submitted that petitioner has sold his vehicle to one Amarjeet Singh vide

Patna High Court CR. MISC. No.21020 of 2022(4) dt.29-11-2022 2/2 Annexure 3 and transferred his vehicle on 28.08.2021 prior to this occurrence but unfortunately the ownership has not been changed by the concern department due to which he has been made accused in this case. Petitioner has no concern with the alleged recovery of wine. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barun P.S. Case no. 360 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise- I, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) shivani/- U