Arbaz Khan @ Sanni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34030 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Arbaz Khan @ Sanni Son of Shahnawaz Khan, Resident of Village- Atarsua, P.S.- Sarai (O.P.), District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2019 Heard both sides.

The petitioner apprehends his arrest in Pachrukhi (Sarai) P.S. Case No.02 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The police saw some suspicious articles carrying away by two motorcyclists. Three persons fled away leaving motorcycles on the spot from which 69 litres of Indian made foreign liquor was recovered. The people assembled there disclosed the name of petitioner and two persons, who managed to flee away.

Learned counsel for the petitioner submits that the petitioner is not the owner of the motorcycle. The petitioner has got no manner of concern with the motorcycle and the recovered

Patna High Court CR. MISC. No.34030 of 2019(2) dt.23-05-2019 2/2 articles. The petitioner is not an accused in any case registered under the Excise Act.

Having considered the facts and the nature of allegation made against the petitioner and the fact that nothing has been recovered from possession of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise, Siwan in connection with Pachrukhi (Sarai) P.S. Case No.02 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T