Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21658 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== Md. Saddam S/o - Md. Arif Husain Resident of Village- Balchannda, Ward No.7, P.S.- Kursakanta, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Kursakanta P.S. Case No. 44 of 2020 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 90 liters of Nepali wine was seized from the two motorcycles.

It is alleged that the liquor was carried by the carrier for supply to this petitioner.

Learned counsel for the petitioner submits that the petitioner has no concern with the trade of liquor and he has been falsely implicated in this case on the confessional statement of co-accused Md. Saklain.

Considering the fact that nothing was seized from the

Patna High Court CR. MISC. No.21658 of 2020(2) dt.13-08-2020 2/2 conscious or exclusive possession of the petitioner and there is no other case pending against this petitioner under Excise Act, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions cum Special Judge, Araria, in connection with Kursakanta P.S. Case No. 44 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that the petitioner shall deposit Rs. 25000/- cash before the court below and the amount deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T