Md. Shakir Sahib @ Md. Shakir Shahab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61617 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== MD. SHAKIR SAHIB @ MD. SHAKIR SHAHAB Son of Md. Shahab Uddin Resident of village- Marar Dakshini, P.S.- Morkahi, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 The petitioner apprehends his arrest in connection with Morkahi P.S.Case No. 39 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner, as per FIR, is that the police intercepted two persons riding on a motorcycle and arrested them and recovered 750 ml illicit liquor from the body of one of Sushil Kumar Thakur, who was pillion rider. Learned counsel for the petitioner submits that petitioner has been made accused merely on the basis of the fact that he is the owner of the motorcycle which was being driven by two arrested accused persons. He submits that petitioner is owner of the motorcycle but the same was being driven by his brother and his friend.

Having regard to the submissions made by the parties and

Patna High Court CR. MISC. No.61617 of 2019(2) dt.16-10-2019 2/2 taking into consideration the fact that no recovery has been made from the possession of the petitioner and justification given by the petitioner appears to be cogent as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ADJ-II, Khagaria in connection with Morkahi P.S.Case No. 39 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T