Shakil @ Shakimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65935 of 2021 Arising Out of PS. Case No.-73 Year-2016 Thana- SIKTI District- Araria ====================================================== SHAKIL @ SHAKIMUDDIN Son of Late Sahabuddin Resident of Village - Dahgama Ward no.2, P.S.- Sikty, Distt.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 70 bottles liquor is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.65935 of 2021(4) dt.04-04-2022 2/2 case. The petitioner is not named in the F.I.R. It is alleged that 70 bottles liquor is said to have been recovered from the motorcycle. The petitioner is alleged to be the owner of the motorcycle in question. Said motorcycle was stolen prior to the alleged date of occurrence. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned Special Judge, Excise, Araria in connection with Sikty P.S. case No.73 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T