Md. Hakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69631 of 2025 Arising Out of PS. Case No.-285 Year-2023 Thana- SIKTI District- Araria ====================================================== Md. Hakim Son of Md. Yasin R/O Vill- Tapu Tola, Baluakaliganj, Ward No.- 07, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sikti P.S. Case No. 285 of 2023, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, during patrolling duty, police team saw a motorcycle coming from Nepal side. Seeing the police party, one person fled away from there leaving the motorcycle. On search, 16.200 litres illicit liquor was recovered from the said motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was neither present on the spot nor he was identified in course of fleeing away from the place of

Patna High Court CR. MISC. No.69631 of 2025(2) dt.13-10-2025 2/2 occurrence. Nothing has been recovered from his possession. Petitioner has no concern with the seized liquor. The petitioner had already sold the said vehicle on 04.11.2020 to Md. Mosim and to show the same he filed copy of sale agreement as Annexure- P/2 with this petition. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, 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 learned District & Addl. Sessions Judge-Cum-Exclusive Special Excise Judge-II, Araria in connection with Sikti P.S. Case No. 285 of 2023, subject to the conditions laid down in Section 482

(2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T