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Patna High CourtCR. MISC./58027/2023allowed

Firdaus Atif Siddique v. The State Of Bihar

2023-09-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58027 of 2023 Arising Out of PS. Case No.-540 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== Firdaus Atif Siddique Son Of A.H. Siddique Resident Of Mohallah -NEW Karimganj, Ps- Civil Line, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Murad Ashraf, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Excise.P.S Case No. 540 of 2022 instituted under Section 30(a), 56(b) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, total five liters country made liquor was recovered from the dickey of the Scooty.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner has already sold his scooty to Munna Kumar on 01.03.2019

Patna High Court CR. MISC. No.58027 of 2023(2) dt.05-09-2023 2/2 and he has no concern with the seized scooty and the apprehended accused person. Nothing has been recovered from conscious possession of the petitioner. The petitioner has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-III, Gaya in connection with Excise. P.S. Case No. 540 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) N.K/- U T