Athar Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.48807 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48807 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Athar Hussain son of Late Hanif Mian resident of Nasriganj Talab, Ward No. 5, P.S. : Nasriganj, District : Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Nasriganj P.S. Case No. 157 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 305 litres of country made liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has nothing to do either with the seized liquor or from the vehicle from which the alleged recovery was made, he was only the passer by. Further he has no criminal antecedent and has been in judicial custody since 29.07.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48807 of 2017 (2) dt.12-10-2017 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with the direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case or if petitioner completes further one month in judicial custody, whichever, is earlier.

(Vinod Kumar Sinha, J) sunil/- U