Sikandar Purbay @ Sikindar Purbay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67087 of 2022 Arising Out of PS. Case No.-207 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Sikandar Purbay @ Sikindar Purbay Son Of Chandar Purbay R/O Vill.- Bhutahi, P.S.- Sonbarsa, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sonbarsa P.S. Case no. 207 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act.

Prosecution case relates to recovery of 14.7 liters Nepali liquor from a motorcycle bearing Registration No. BR06-BA- 1171.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.67087 of 2022(2) dt.09-12-2022 2/3 has committed no offence. He has got no criminal antecedent. He has no concern either with the alleged recovery or with the vehicle in question. The name of the petitioner along with others have been disclosed in this case by the by the local Chowkidaar before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sonbarsa P.S. Case no. 207 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.67087 of 2022(2) dt.09-12-2022 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Special Excise Court No. 1, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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