Abu Talib @ Md Abu Talib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1041 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- SIKTI District- Araria ====================================================== ABU TALIB @ MD ABU TALIB son of Md. Helal Resident of VillageMuraripur, Ward No. 02, P.S. Sikty, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sikty Police Station Case No. 143 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted one motorcycle and recovered 105 litres of illicit liquor from the same and the person, who was driving the motorcycle, succeeded in fleeing away. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of the fact that he happens to be the owner of the said motorcycle. He further submits that the friend of the petitioner had borrowed the motorcycle for his personal use and the

Patna High Court CR. MISC. No.1041 of 2021(3) dt.23-03-2021 2/2 petitioner is having no knowledge about the commission of the present offence. He further submits that the petitioner has got no criminal antecedent. He next submits that the petitioner is in custody since 26.08.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 26.08.2020, having no criminal antecedent and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Araria, in connection with Sikty Police Station Case No. 143 of 2020 (Special Case No. 585 of 2020).

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √