Md. Jahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7741 of 2019 Arising Out of PS. Case No.-531 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== MD. JAHIR son of Late Hasan Nadaf, Resident of village-Kusail, P.S.- Pupri, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2019 Heard both sides.

The petitioner apprehends his arrest in Pupri P.S. Case No.531 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner was neither apprehended on the spot nor any incriminating material has been recovered from his conscious possession. One and half litres toddy is said to have been recovered from a hut and for that the petitioner has been made an accused.

Having considered the fact that one and half litres of toddy is said to have been recovered from a hut which does not belong to the petitioner, the above named petitioner, in the event

Patna High Court Cr.Misc. No.7741 of 2019(2) dt.11-02-2019 2/2 of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case No.531 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U