Md. Ehsan @ Md. Ahsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11155 of 2020 Arising Out of PS. Case No.-444 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Md. Ehsan @ Md. Ahsan son of Safi Ahmad R/o village- Ashapur, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2020 The petitioner who is in custody since 21.12.2019 seeks bail in connection with Barharia P.S. Case No. 444 of 2019 instituted for the offences under Sections 272, 273, 308/34 of the Indian Penal Code and Section 30(a), 41(i) of the Bihar Prohibition & Excise Act, 2016.

It appears from the records that on secret information that huge quantity of liquor has been brought in the orchard of one Gauri Shankar Singh, raid was conducted. The petitioner was arrested during the raid.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.11155 of 2020(2) dt.28-02-2020 2/2 submitted that from the records, it would become apparent that the liquor belongs to two other persons who managed to flee away from the place where the liquor was stored. The arrest of the petitioner is on mistaken identity.

Regard being had to the aforestated facts viz. the period of custody and the nature of accusation as also the fact that petitioner does not have any criminal antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousands) with sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Barharia P.S. Case No. 444 of 2019. (Ashutosh Kumar, J) Shageer/- U T