Shamim Akhtar @ Shamim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79346 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Shamim Akhtar @ Shamim S/O Md. Ibrahim Resident of Village - Jurail, P.S -b-Bahadurganj, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) r/w 32 of Bihar Prohibition & Excise Act.
3. Prosecution case relates to recovery of 8.445 litres Indian Made Foreign Liquor from an Motorcycle bearing Reg. No. BR-37L-8875. Petitioner alleged to be the owner of the aforementioned motorcycle.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and
2/4 has committed no offence. He has no concern with the alleged recovery. The petitioner is registered owner of the said motorcycle and due to this he has been made accused in this case. He is not named in the F.I.R. It is further submitted that the petitioner has no knowledge about the seized liquor and he had given his motorcycle to one Gaurav Kumar under the mortgaged for Rs. 10,000/- and there is an agreement in this regard which is annexed as Annexure 2 to this petition. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. 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
3/4 Bahadurganj P.S. Case no. 346 of 2023, Special case No. 485 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge II-cum-Spcial Judge (Excise 1), Kishanganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C., with following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iv) In case, the petitioner repeats offence of
4/4 similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T