Patna High CourtCR. MISC./3236/2020bail granted

Niyaz Mohammad v. The State Of Bihar

2020-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3236 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

NIYAZ MOHAMMAD Son of Karim Khan @ Karimdeen Resident of Village-Teekri, P.S.-Nogawan, District-Alwar, Rajasthan-301025. 2.

Arish Khan Son of Sadru @ Md. Sadru Khan Resident of Village-Udaipur, P.S.-Bhiwadi, District-Alwar, Rajasthan-301018. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyabir Bharti For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Heard the parties.

The petitioners seek regular bail in connection with Excise Case No.433 of 2019 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

There is recovery of huge quantity of spirit and alcohol from the Truck. Petitioner is named in the FIR. Submission of the learned counsel for the petitioners is that they are running factory and the spirit and alcohol were brought for manufacturing of chemicals and co-accused is licencee. Further chemical examination report also discloses that it does not contain Dinature and the spirit contain ethyl

Patna High Court CR. MISC. No.3236 of 2020(2) dt.20-01-2020 2/2 alcohol and it does not come under the purview of the Excise Act . Petitioners are in custody for more than one month. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge II, Gopalganj in connection with Excise Case No.433 of 2019 with condition that before releasing the petitioners on bail, the learned court below has to verify their address and address of their bailors.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T