Sahdab Khan @ Shatab Khan @ Shadab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82046 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- SALAIYA District- Aurangabad ====================================================== SAHDAB KHAN @ SHATAB KHAN @ SHADAB KHAN, aged about 34 years, Male, Son of Neyaz Khan, Resident of Village - Shihuli, P.S.- Rafiganj, District- Aurangabad ... Petitioner

Versus

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

For the Petitioner :

Mr. Leelawati Kumari, Adv.

For the Opposite Party :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 09-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks pre-arrest bail in connection with Salaiya P.S. Case No. 45 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty the informant and other police personnel received information about carrying the liquor loaded on Bolero vehicle from village Tetraiya towards Forbesganj, the informant, along with other police personnel reached there. In way a Bolero vehicle was seen in fast speed. On seeing the police party the driver of the vehicle started to flee away leaving the vehicle and succeeded in fleeing away taking advantage of darkness. One person was sitting in the Bolero vehicle, who disclosed his name Akhilesh Choudhary, the owner of the vehicle and also disclosed the name of driver, Nimohi Choudhary, who succeeded in flee away. On search of Bolero, 7 plastic gallons, each containing 50 liters Indian made foreign liquor. A motorcycle was also moving

Patna High Court CR. MISC. No.82046 of 2019(3) dt.09-06-2020 2/2 in front of the Bolero vehicle for instructing the direction to the Bolero that person also moved leaving his motorcycle bearing registration no. BR-266-2611.

Submission is that the petitioner is the owner of the seized motorcycle, bearing registration no. BR-266-2611, but, he sold the said motorcycle on 23.02.2019 to Akhilesh Choudhary, named coaccused, and the present case has been lodged on 16.07.2019. Further, submission is that the petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Salaiya P.S. Case No. 45 of 2019 shall be released 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 the Additional Sessions Judge VIIcum-Special Judge, Excise, Aurangabad, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T