Md. Gayas @ Md. Gayasuddin @ Gayas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8984 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- SIKTI District- Araria ====================================================== MD. GAYAS @ MD. GAYASUDDIN @ GAYAS, aged about 36 years, Gender-Male, S/o Md. Karim alias Karim, resident of village-Bholani, P.S. Sikti, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 1420 of 2018 arising out of Sikti P.S. Case No. 194 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 18 litres of illicit Nepali liquor from an auto rickshaw.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has a clean antecedent. It is further submitted that the petitioner is the driver of the auto rickshaw, hence he cannot be made responsible for the recovery of

Patna High Court Cr.Misc. No.8984 of 2019(2) dt.15-02-2019 2/2 illicit liquor from the auto since the same might be belonging to the passengers. Lastly, it is submitted that the petitioner is languishing in custody since 09.11.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge-cum-Special Judge, Araria in connection with Special Case No. 1420 of 2018 arising out of Sikti P.S. Case No. 194 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T