Md. Illiyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11208 of 2020 Arising Out of PS. Case No.-290 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Md. Illiyas S/o Late Aashif Kamlu R/o village- Bhagwanpur Chatti, P.S.- Sadar (Muzaffarpur), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-02-2020 The petitioner, who is in custody since 22.01.2020, seeks bail in connection with Sadar P.S. Case No. 290 of 2019 dated 03.05.2019 instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a), 38(2) of the Bihar Prohibition and Excise Act, 2016.

From the prosecution report, it appears that the liquor was kept in the house of the petitioner by other accused persons viz. Sarfaraj and Surendra Rai. Neither the petitioner nor anyone of his close family members were found in the house during the course of raid. 329 litres of liquor is said to have been recovered from the house of the petitioner.

Regard being had to the fact that the petitioner was not present at the time of raid and claims to be

Patna High Court CR. MISC. No.11208 of 2020(2) dt.29-02-2020 2/2 residing in a different town at the relevant time, his period of custody and his being a person of clean antecedent, 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 Special Judge, Excise Act, Muzaffarpur in connection with Sadar P.S. Case No. 290 of 2019.

(Ashutosh Kumar, J) krishna/- U T