Patna High CourtCR. MISC./4623/2019bail granted

Manjoor Ansari @ Manjur Ansari And ANR v. The State Of Bihar

2019-01-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4623 of 2019 Arising Out of PS. Case No.-615 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ======================================================

1. Manjoor Ansari @ Manjur Ansari, son of Multan Ansari Resident of Village - Pakari Makariyar, P.S. - Siwan Muffasil (Dhanauti O.P.), District - Siwan.

2. Maksud Ansari @ Maksud, son of Multan Ansari Resident of Village - Pakari Makariyar, P.S. - Siwan Muffasil (Dhanauti O.P.), District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 615 of 2018 dated 04.11.2018 instituted for the offences under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act, 2016.

Approximately 27 litres of liquor is said to have been recovered from an abandoned house with corrugated sheet belonging to the father of the petitioners. The father of the petitioners viz. Multan Ansari has been arrested and is in custody.

Learned counsel for the petitioners has

Patna High Court Cr.Misc. No.4623 of 2019(2) dt.29-01-2019 2/2 submitted that name of the petitioners has transpired in the confession of their father which has been obtained under duress and coercion.

The petitioners do not have any criminal antecedents.

Considering the aforestated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 615 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T