Patna High CourtCR. MISC./36738/2017bail granted

Md. Hakim v. The State Of Bihar

2017-08-24Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36738 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Md. Hakim Son of Late Latif, R/o Village- Sultanpur, P.S.- Tariyani, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 06.07.2017 in connection with Tariyani P.S. Case No. 124/17 for offences punishable under Sections 30(A), 33 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on information that one Shambhu Mahto used to sell illicit liquor, the said co-accused was arrested and he named the petitioner to have been indulging in sale of illicit liquor. A raid was conducted at the house of the petitioner and 6.480 litres of foreign liquor was recovered from the straw house of the petitioner.

Patna High Court Cr.Misc. No.36738 of 2017 (4) dt.24-08-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is a person of 80 years of age and has been falsely implicated in the aforesaid case. He further submits that the seizure-list has not been prepared in accordance with Section 100 Cr.P.C.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Addl. Sessions Judge-I cum Special Judge, Sheohar, in connection with Tariyani P.S. Case No. 124/2017.

(Nilu Agrawal, J) Rajesh/- U T