Faju Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36156 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== FAJU SHEIKH Son of Jamri Sheikh Resident of Village - Bangaria Bhola Danga, Police Station - Naka Sipara, District - Nadia (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Special Case No. 30 of 2020 arising out of Sadar Anchal Araria Excise Case No. 02 of 2020 registered for the offence under Sections-30(a), 32(3), 33, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 7200 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 7200

Patna High Court CR. MISC. No.36156 of 2021(2) dt.06-10-2021 2/2 liters wine is recovered from the truck. The petitioner is said to be owner of the said truck. He had no knowledge regarding the nature of goods booked by the transporter. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIndcum-Special Judge, Excise Act, Araria in connection with Special Case No. 30 of 2020 arising out of Sadar Anchal (Circle) Araria Excise Case No. 02 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T