Md. Mojib @ Mojburrahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8782 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Md. Mojib @ Mojburrahman, aged about 28 years, Male, S/o Md. Najibuddin @ Najibullah, resident of village Sonapur, P.S. Narpatganj, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-02-2019 Heard both sides.

Petitioner apprehends his arrest in Forbesganj Circle Case No.35 of 2018, corresponding to Special Case No.936 of 2018, registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.

The police intercepted a motorcycle but the motorcyclist fled away and on such Nepali liquor was recovered from the dickey of the motorcycle. The name of the petitioner surfaced in the case on the basis of owner book recovered from the motorcycle.

Learned counsel for the petitioner submits that the petitioner sold the motorcycle on 06.04.2015 to one Devkant Ray but the owner book was not transferred in the name of

Patna High Court Cr.Misc. No.8782 of 2019(2) dt.14-02-2019 2/2 Devkant Ray. In fact petitioner has got no manner of concern with the motorcycle after selling the same to Devkant Ray. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 the learned 2nd Additional Sessions-cum-Special Judge, Araria in connection with Forbesganj Circle Case No.35 of 2018, corresponding to Special Case No.936 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T