Sayed Abu Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45859 of 2022 Arising Out of PS. Case No.-375 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SAYED ABU EKRAM Son of Syed Sahbuddin Resident of Village - Hasansarai, Post Dargahbela, P.S.- Baligaun, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Lochan Jha, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Altogether 2340 litres of foreign liquor is said to have been recovered from the truck of petitioner. Nobody was apprehended on spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case

Patna High Court CR. MISC. No.45859 of 2022(2) dt.21-10-2022 2/3 only on the basis that he is owner of the said truck but the real fact is that petitioner has transferred the said truck to one Pankaj Kumar and after the said transfer, Pankaj Kumar is the owner of the truck and the truck is under his control. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakh) in the Bihar State Legal Services Authority, Budh Marg, Patna bearing Account No.0380000100252472, IFSC PUNB0038000, Punjab National Bank.

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 Samastipur Excise Case No.375 of 2020, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.45859 of 2022(2) dt.21-10-2022 3/3 the Cr.P.C, as also the following conditions. (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the 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.2,00,000.00/- (Rupees Two Lakh) in the Bihar State Legal Services Authority.

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