Sakil @ Mohammad SakilversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8956 of 2026
                        Arising Out of PS. Case No.-273 Year-2023 Thana- SAHPUR District- Patna
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                 Sakil @ Mohammad Sakil S/o Md. Vsi Resident of Village- Bhaluhipur
                 Arrah, P.S.- Ara Town, District- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Ravindra Kumar, Advocate
                 For the Opposite Party/s :       Ms.Suman Kumari Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Sahpur P.S. Case No. 273 of 2023, registered

                   for the offence punishable under Section 30(c) of Bihar

                   Prohibition and Excise Amendment Act.

                                3. As per prosecution-case, 120 k.g. Mahua flower

                   was recovered from the tempo in question and F.I.R. has been

                   lodged against Chandramuni Devi and the owner and driver of

                   the vehicle bearing Regn. No. BR03PA 8173 found at the place

                   of occurrence.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence as

                   alleged in the F.I.R. It has been specifically stated in para-10 of
Patna High Court CR. MISC. No.8956 of 2026(2) dt.18-02-2026
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          the bail petition that the occurrence took place on 16.04.2023

          which is more than two years after the petitioner had already

          sold the vehicle on 17.03.2021 and copy of the agreement is

          annexed as Annexure-3. Petitioner has no concern with the

          vehicle and the and petitioner has neither knowledge nor direct

          or indirect connection with the alleged recovery of Mahua

          flower from the vehicle. Petitioner was not found at the place of

          occurrence and nothing incriminating was recovered from the

          conscious possession of the petitioner. Apart from that,

          petitioner is having no criminal antecedent. In light of the

          aforesaid facts and circumstances, no allegation, as alleged in

          the F.I.R., is made out against the petitioner.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is named in the F.I.R. and he cannot

          escape from the allegations made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          keeping in view clean antecedent of the petitioner, argument

          advanced on behalf of both sides and also taking into

          consideration the material available on record, the petitioner

          above-named, in the event of his arrest or surrender before the
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                      learned trial court within a period of six weeks from today, be

                      released on anticipatory 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 Special Excise Judge,

                      Danapur in connection with Sahpur P.S. Case No. 273 of 2023,

                      subject to the conditions as laid down under Section 482(2) of

                      the B.N.S.S.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U      T