Ashraf Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.41538 of 2017 (2) dt.08-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41538 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Ashraf Ali, Son of Nasim Ahmad, Resident of Village- Akbarpur, Police Station- Rohtash, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Aurangabad Muffasil P.S. Case No. 129 of 2017, registered for offences punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 800 pouches each containing 200 ML of country made wine from bolero vehicle and 3200 pouches each containing 200 ML of country made wine from Tata Sumo vehicle.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and only happens to be driver of one of the vehicles and has no concern with the alleged recover. Further petitioner has no criminal antecedent and has been in judicial custody since 29.07.2017 and other co-accused

Patna High Court Cr.Misc. No.41538 of 2017 (2) dt.08-09-2017 having similar allegation has already been granted bail by a coordinate Bench of this Court vide order dated 25.08.2017 passed in Criminal Misc. No. 41229 of 2017.

Heard learned A.P.P. also.

Having heard both sides, in this case huge quantity of country made liquor has been recovered, however, considering the fact that other co-accused has already been enlarged on bail by a coordinate Bench of this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VIIcum- Special Judge, Aurangabad, in connection with Aurangabad Muffasil P.S. Case No. 129 of 2017.

It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T