Md. Shahbaj @ Md. Sahbaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53324 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Shahbaj @ Md. Sahbaj, Male, aged about 22 years, Son of Md. Afaj @ Md. Hefaaj @ Hefaaj, Resident of village- Hardiya, Ward No. 14, Near Masjid, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-02-2022 Heard the parties through video conferencing. The petitioner seeks bail in anticipation of his arrest in connection with Muffasil P.S. Case No. 389 of 2020 instituted for the offences punishable under Sections 30(a), 32, 42(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is neither the owner of the vehicle from whom the liquor was recovered nor he was present at the site. The person who has been arrested has wrongfully and due to previous enmity named him as also a party to the crime. Thus, case under Section 30(a) of the Act, cannot be said to be made out as against the petitioner.

Patna High Court CR. MISC. No.53324 of 2021(2) dt.18-02-2022 2/2 Ex facie, this Court is satisfied that case under Section 30(a) is not made out, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) Anand Kr.

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