Md. Sadik @ Md. Sadique Hashmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25307 of 2018 Arising Out of PS.Case No. -173 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Md. Sadik @ Md. Sadique Hashmi, son of Md. Fulgani, resident of VillageBhavdepur, P.S. and District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks anticipatory bail in connection with Sitamarhi P.S. Case No. 173 of 2018 for the offences punishable under Section 30(A), 37(B) (C) of Bihar Prohibition and Excise Act, 2016.

Allegation is regarding recovery of 375 ml of illicit liquor from the possession of co-accused namely Ali Hassan who was arrested in a drunken condition and he had upon interrogation disclosed the name of the petitioner as his accomplice. The learned counsel for the petitioner submits that no recovery has been made from conscious possession of the petitioner. It is further submitted that the provisions of Section 100

Patna High Court Cr.Misc. No.25307 of 2018 (2) dt.26-04-2018 2/2 of the Code of Criminal Procedure has not been complied with, hence the seizure itself is doubtful. It is stated that the petitioner has no criminal antecedent.

Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, 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, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge -II -cum- Special Judge Excise, Sitamarhi in connection with Sitamarhi P.S. Case No.173 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Mohit Kumar Shah, J) BTiwary/- U T