Patna High CourtCR. MISC./12556/2021bail granted

Md. Hussian Ansari @ Md. Hussain Ansari @ Husan Ansari v. The State Of Bihar

2021-06-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12556 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== MD. HUSSIAN ANSARI @ MD. HUSSAIN ANSARI @ HUSAN ANSARI SON OF MD. YASHIM ANSARI @ YASIN ANSARI R/O VILLAGECHAND TOLA P.S.-BAISI DISTRICT PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shailendra Kumar I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with C 1 Case no. 169 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case 198 litres of liquor was recovered from the vehicle ('Tata Magic') being driven by the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person

Patna High Court CR. MISC. No.12556 of 2021(2) dt.25-06-2021 2/2 or possession. He was arrested under a misunderstanding. He has no concern whatsoever with the Tata Magic i.e. the vehicle in question nor with the seized liquor. He is in custody since 20.9.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with C 1 Case no. 169 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Purnea.

Spd/- (Partha Sarthy, J) U T