Sikandar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42395 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== SIKANDAR ALI S/O ASALAM RAIN R/O VILLAGE-BHABUA WARD NO 10, P.S-BHABUA, DISTRICT-KAIMUR AT BHABUA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2022 Heard the parties through virtual mode.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Altogether 6.120 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner. Petitioner fled away from the spot leaving behind the motorcycle. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to

Patna High Court CR. MISC. No.42395 of 2021(2) dt.22-01-2022 2/3 village politics. Petitioner has not been apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor or the vehicle of recovery. There is no compliance of section 100 of the Cr.P.C. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chand P.S. Case No.66 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.

(1) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.42395 of 2021(2) dt.22-01-2022 3/3 petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund.

(Anjani Kumar Sharan, J) pallavi/- U T