Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6631 of 2024 Arising Out of PS. Case No.-272 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Md. Sabir ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 272 of 2021, registered for the offences punishable under Sections 420, 467, 468, 471/120B of the Indian Penal Code along with Sections 30(a)/34/36/41(1) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4653 liters of liquor from a Truck.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession but came to be implicated in the case on the ground that the car which was also seized along with the Truck was registered in the name of the petitioner. It is further submitted that no

Patna High Court CR. MISC. No.6631 of 2024(2) dt.22-02-2024 2/2 prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is further submitted that the petitioner was completely unaware that his friend Vivek would misuse the vehicle in the manner as alleged and he had taken the car in name of some work.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. II, Aurangabad, Bihar, where the case is pending/successor court in connection with Daudnagar P.S. Case No. 272 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) aditi/- U T