Patna High CourtCR. MISC./11113/2020bail granted

Md. Istiyak @ Istiyaque v. The State Of Bihar

2020-02-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11113 of 2020 Arising Out of PS. Case No.-62 Year-2020 Thana- ARARIA District- Araria ====================================================== Md. Istiyak @ Istiyaque S/o- Md. Sahzar @ Sahjar Resident of VillageHariya Bara, Ward No. 11, P.S.- Araria, (R.S.), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Spl. Case No. 93 of 2020 arising out of Araria P.S. Case No. 62 of 2020 dated 22.01.2020 instituted for the offence under Section 30 (a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The petitioner is said to be the driver of a vehicle from where 1440 litres of cough syrup bottles is said to have been recovered.

The petitioner is in custody since 23.01.2020 and does not have criminal antecedent.

It has further been stated on his behalf that he was only asked to transport a packet and he did not actually know what were the contents of the aforesaid

Patna High Court CR. MISC. No.11113 of 2020(2) dt.28-02-2020 2/2 packet.

Though this defence of the petitioner does not appear to be very convincing but considering the period of custody of the petitioner and the fact that he does not have any case to his credit till date except the present one, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Spl. Case No. 93 of 2020 arising out of Araria P.S. Case No. 62 of 2020.

(Ashutosh Kumar, J) krishna/- U T