Sikandra Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71901 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== 1.

SIKANDRA HUSSAIN Son of Mohammad Hussain Resident of M G Road Jaygaon, Ward No.11/1, P.S.- Jaygaon, District- Alipurduar (West Bengal) 2.

Manoj Kumar Prasad Son of Babulal Sah Resident of Subashpalli, Ward No.11, P.S.- Jaygaon, District- Alipurduar (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. The petitioners seek bail in connection with Purnea Excise C-1 Case No. 160 of 2021 instituted for the offences under Section 30(a) of the Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 03.09.2021, are persons with clean antecedent and prosecution report has been submitted in the case.

Learned counsel for the petitioners submits that the allegation is of recovery of 84 litres of liquor from a car as detailed in the F.I.R.

Patna High Court CR. MISC. No.71901 of 2021(2) dt.28-02-2022 2/2 Learned counsel for the petitioners submits that the petitioners were arrested from the car but they are neither the owner nor the driver of the car and had only taken lift and came to be implicated when the search was made and the driver and owner of the vehicle fled after seeing the police. Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 03.09.2021, are persons with clean antecedent and prosecution report has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with Purnea Excise C-1 Case No. 160 of 2021.

(Satyavrat Verma, J) Rishi/- U T