Bhishu Ansari @ Ghishu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5389 of 2020 Arising Out of PS. Case No.-203 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== BHISHU ANSARI @ GHISHU Son of Abdul Rajak @ Rajak Mian Resident of Village - Tikri Road, Goraiya Asthan, P.S. - Town, District - Aurangabad. ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar, Advocate.
For the State :
Ms. Asha Devi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Aurangabad Town P.S. Case No.203 of 2019 registered under Sections 30(a) and 37(b) of the Biha Prohibition and Excise Amendment Act, 2018.
The accusation is that on receiving the secret information about selling the liquor by Ranjay Thakur, Raju Rajak, Bhishu Ansari alias Ghishu (petitioner), Akhtar Baans Bus Agent and Bala Yadav, all resident of village-Tikri Road Goraiya Asthan, P.S. Nagar, District-Aurangabad, and the two vehicles, which are used for selling the liquor by them, are standing at Mohalla-Shahpur Bigaha, the informant along with
Patna High Court CR. MISC. No.5389 of 2020(3) dt.11-06-2020 2/3 other police personnel proceeded for verification of the same. When the informant along with other police personnel reached at Shahpur Bigaha, then on seeing the police party, some persons started to flee away but, on chase, two persons were apprehended, who disclosed their name as Raju Rajak and Bala Yadav. One Grey colour car bearing Registration No.BR IV7684 was found standing there and, on search of the same, 946 pouches, each containing 200 ml., country made liquor, kept in five sacks, were recovered. One another black colour Maruti Esteem Car bearing Registration No. WB 02 X-2530 was also found standing there and on search of the same, 3 bottles, each containing 750 ml. Indian Made Foreign Liquor, and 31 bottles, each containing 200 ml.
country made liquor, were recovered. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of the petitioner has come in the knowledge of the informant through Spy. Neither the petitioner was apprehended on the spot nor the petitioner is the owner or the driver of the seized vehicles. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be
Patna High Court CR. MISC. No.5389 of 2020(3) dt.11-06-2020 3/3 enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VIIcum-Special Judge (Excise), Aurangabad, in connection with Aurangabad Town P.S. Case No.203 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T