Md. Shamim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3958 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -JAMALPUR District- MUNGER ====================================================== Md. Shamim, son of Md. Alim, resident of Mohalla- Sadar Bazar, P.S.- Jamalpur, District- Munger.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Jamalpur P.S. Case No. 163 of 2016, registered under Section 30(a) and 44 of Bihar Prohibition and Excise Act. The accusation is that on receiving the secret information about selling of the illicit liquor, the Police reached near the breakfast shop of the petitioner where Md. Eqbal and Sashi Kumar were found sitting. On search, two bottle, each containing 750ML and five bottle, each containing 375 ML India made foreign liquor recovered from their possession. At that time, two bottle, each containing 375 ML India made foreign liquor recovered from the Chowki kept in the shop. Learned counsel for the petitioner submits that, in
Patna High Court Cr.Misc. No.3958 of 2017 (2) dt.27-02-2017 2/2 fact, petitioner was not apprehended from the spot and only allegation is that from the Chowki kept in the shop of the petitioner two bottle of India made foreign liquor recovered. The petitioner is in custody since 28.11.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the ACJM-II, Munger in connection with Jamalpur P.S. Case No. 163 of 2016.
(Rajendra Kumar Mishra, J) manish/- U T