Md. Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14190 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- RAUTA District- Purnia ====================================================== MD. MUSTAFA Son of Md. Zafar Resident of Village- BaghuaKol, P.S.- Amour, District- Punea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Rauta P.S. Case no.96 of 2020 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R, on a search being conducted, 84.24 litres of IMFL was recovered from the motor vehicle wherein the petitioner was one of the occupants. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or possession. He has no concern either with the vehicle in question or with the allegedly seized liquor. He is in custody

Patna High Court CR. MISC. No.14190 of 2021(2) dt.22-07-2021 2/2 since 27.11.2020 and has no criminal antecedent. Investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for seven months and not having any criminal antecedents, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Excise Case no.508 of 2020 (arising out of Rauta P.S. Case no.96 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.

(ParthaSarthy, J) Prakash/- U T