Md. Rauf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7651 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== MD. RAUF, son of Md. Sagir, Resident of Village - Katai, P.S. Katra, District Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-10 of the petition in the course of the day.

Petitioner apprehends his arrest in connection with Katra P.S. Case No. 174 of 2018 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 36 and 38 of Bihar Prohibition and Excise Act.

Allegation is of recovery of 1278 litres of liquor and FIR further disclosed that one Jawahar Mahto was apprehended, who disclosed the name of the petitioner and others. Submission of learned counsel for the petitioner is that nothing has been recovered from his possession and moreover co-accused person has been granted anticipatory bail

Patna High Court Cr.Misc. No.7651 of 2019(2) dt.08-02-2019 2/2 by a co-ordinate Bench of this Court vide order dated 18.9.2018 in Cr.Misc.No. 58552 of 2018 and further though petitioner has been made accused in one more case but not in similar type. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur, in connection with Katra P.S. Case No. 174 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T