Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9788 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Md. Aslam Son of Md. Moin Sah @ Md. Moaim Sah Resident of Village - Khatupur, P.S.- Nagar, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Complaint Case No.235C2 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is of recovery of 18 bottles, each containing 750 ml., and 48 bottles, each containing 375 ml., Indian Made Foreign Liquor from adjacent to the hut of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the alleged recovery was not made from the hut of the petitioner rather the same was made near the hut of the petitioner. The petitioner has

Patna High Court CR. MISC. No.9788 of 2020(2) dt.28-02-2020 2/2 no criminal antecedent and is in custody since 25.12.2019. 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in connection with Complaint Case No.235C2 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T