Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13703 of 2020 Arising Out of PS. Case No.-449 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== MD. IRFAN Son of Md. Kamu @ Aslam @ Md. Islam Resident of MohallaEast Purab Sarai, Jama Masjid, P.S.- Kotwali, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that recovery of liquor was not alleged from the physical possession of the petitioner; rather the recovery was made from the lane behind the Masjid. The petitioner has got no criminal antecedent. He is in custody since 21.01.2020.

Considering the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below

Patna High Court CR. MISC. No.13703 of 2020(2) dt.29-02-2020 2/2 where the case is pending in connection with Kotwali P.S. Case No.449 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T