Asraj Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34982 of 2018 ====================================================== Asraj Ali, Son of Md. Azad, Resident of Village- Harihans, P.S.- Hussainganj, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Learned counsel for the petitioner is permitted to make necessary correction regarding date of custody in Para-10 of the petition.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 188, 272, 273, 414 and 308 of the Indian Penal Code and Sections 30, 36, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

155 litres of foreign liquor is said to have been recovered from the house of the Sharafat Nut and the Xcent Car parked outside the said house and the petitioner was apprehended who disclosed that he had taken the aforesaid vehicle for

Patna High Court Cr.Misc. No.34982 of 2018 (2) dt.22-06-2018 2/2 concealing the liquor.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with the vehicle in question. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 27.02.2018. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Addl. Sessions Judge-II, Siwan in connection with Hussainganj P.S. Case No. 40 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T