Abu Bakar @ Abu Bakar Siddique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41365 of 2022 Arising Out of PS. Case No.-449 Year-2021 Thana- JOKIHAT District- Araria ====================================================== ABU BAKAR @ ABU BAKAR SIDDIQUE S/o- Kamal Resident of Village - Thengapur (Kashibari), P.S.- Jokihat, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 53.400 litre of cough syrup from the house of Mohid.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case in a mechanical manner and was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that from perusal of the allegation as alleged in the FIR, it would manifest

Patna High Court CR. MISC. No.41365 of 2022(2) dt.25-08-2022 2/2 that the informant alleges that the apprehended accused persons disclosed that petitioner along with Mohid and Saddam are indulging in this nefarious activities by keeping syrup in their house. He next submits that from bare perusal of the parentage of the accused persons, it would manifest that Mohid and Saddam are own brother and petitioner is cousin, as such, the house is a joint family property, thus, it cannot be alleged with certainty that it was the petitioner who had kept the cough syrup in his house.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Jokihat P.S. Case No. 449 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T