Patna High CourtCR. MISC./10464/2019allowed

Feroz Ansari And ANR v. The State Of Bihar

2019-02-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10464 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- RAGHUNATHPUR District- Siwan ======================================================

1. Feroz Ansari Son of Nasarullah Ansari R/o village- Adampur, P.SRaghunathpur, District- Siwan , Bihar

2. Butan Patel Son of Angad Patel R/o village- Adampur, P.S- Raghunathpur, District- Siwan , Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Raghunathpur PS Case No. 186 of 2018 for the alleged offence punishable under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(A), 38(A) and 41(1) of the Bihar Excise Amendment Act, 2016.

Allegation is that total 285.12 liters of liquor were seized from a Bolero vehicle. Learned counsel representing the petitioners submits that petitioners have no criminal antecedent and nothing was recovered from conscious possession of the petitioners. It is also submitted that the vehicle where from the

Patna High Court Cr.Misc. No.10464 of 2019(2) dt.21-02-2019 2/2 materials were seized is not owned by the petitioners. They are in custody since 01.11.2018.

Considering the fact that petitioners have no criminal antecedent and they are in custody since 01.11.2018, this application is allowed. Accordingly, let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ II-cum-Special Judge (Excise), Siwan in connection with Raghunathpur PS Case No. 186 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T