Patna High CourtCR. MISC./9774/2019bail granted

Md. Kaiser Aalam v. The State Of Bihar

2019-02-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9774 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Md. Kaiser Aalam, Son of Md. Naim, Resident of Village - Konal, PSChakaliya, Dist.-Uttar Dinajpur (W.B). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 29.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from an auto rikshaw which was driven by the petitioner, 30.150 litres of illicit foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the illicit liquor is alleged to have recovered from the auto rikshaw, was driven by the petitioner, belongs to one of the passenger of the alleged auto rikshaw and the petitioner has falsely been framed in the present case. A statement has been

Patna High Court Cr.Misc. No.9774 of 2019(2) dt.19-02-2019 2/2 made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the auto rikshaw which was driven by the petitioner.

Considering the quantity of recovery and period under custody, materials on record does not suggest that ownership of the auto rikshaw has been ascertained, coupled with the statement being made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 Special Judge, Excise Act, Purnea, in connection with Special Case No. C-1-419 of 2018. (Dinesh Kumar Singh, J) Deepak/- U T