Md. Sakib @ Sakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30663 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- BAISI District- Purnia ====================================================== Md. Sakib @ Sakib, S/O Late Chiku R/O Village/Mohalla- Jabar, P.S- Baisi, Distt.- Purnea.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 15 litres of liquor concealed in straw from the backyard of petitioner's house.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on

Patna High Court CR. MISC. No.30663 of 2023(2) dt.23-05-2023 2/2 secret information because of his antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1st, Purnea in connection with Baisi P. S. Case No.38 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T