Nazruddin @ Najruddin Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13256 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== Nazruddin @ Najruddin Nut, aged about 42 years (M), Son of Late Hafiz @ Hafiz Nut Residing of Village- Kolua Dargah, P.S- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 19.01.2019 in a case registered for the offences punishable under Sections 30(a), 36 and 37(c) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that the petitioner was apprehended while driving a Scorpio vehicle in intoxicated condition and from the alleged vehicle, 1.5 litres of illicit Indian made foreign liquor were recovered. It is also alleged that the petitioner was found in intoxicated condition.

It is submitted by learned counsel for the petitioner that under wrong misconception the petitioner has been apprehended. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.13256 of 2019(2) dt.05-03-2019 2/2 Learned APP submits that the recovery has been made from the petitioner and petitioner was found in intoxicated condition at the time of arrest.

Considering the quantity of recovery and the period under custody, coupled with the statement made in paragraph 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 Additional Sessions Judge II -cum- Special Judge, Excise, Siwan in connection with Siwan Town P.S. Case No. 60 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T