Sahbag @ Md. Sahbag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59185 of 2021 Arising Out of PS. Case No.-161 Year-2021 Thana- JOGBANI District- Araria ====================================================== SAHBAG @ MD. SAHBAG Son of Sahdul Resident of Village - Purwari Jhirwa, P.S.- Simraha, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

It is a case of recovery of about 50 bottles containing 100 ml. of dialex DC cough syrup from a motorcycle. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no recovery was made from the conscious or constructive possession of the petitioner. Petitioner has no concern with the seized motorcycle and he has not been apprehended at the spot. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed

Patna High Court CR. MISC. No.59185 of 2021(2) dt.06-05-2022 2/2 the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Araria in connection with Jogbani P.S. Case No. 161 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T