Md. Amiruddin @ Amiruddin @ Amilouddin Shaikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54161 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- SIKTI District- Araria ====================================================== Md. Amiruddin @ Amiruddin @ Amilouddin Shaikh Son of Late Sher Mohammad R/O Vill.- Kuchha, Ward no.- 4, P.S.- Sikti, Dist.- Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sikti P.S. Case No. 69 of 2024 instituted for the offences under Section 30(a) Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered 72 liter illicit wine from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the same has been recovered from the house of the petitioner

Patna High Court CR. MISC. No.54161 of 2024(2) dt.07-08-2024 2/2 and the petitioner has been implicated in this case only on mere suspicion. The petitioner has no concern with the alleged seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 04.05.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sikti P.S. Case No. 69 of 2024. (Rudra Prakash Mishra, J) rishi/- U T