Patna High CourtCR. MISC./32573/2018allowed

Md. Fool Hasan v. The State Of Bihar

2018-06-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32573 of 2018 Arising Out of PS.Case No. -416 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Md. Fool Hasan, S/o Md. Atabul @ Md. Atabul Rahman, R/o Bhasargot, (Rikhauli), Ward No. 5, P.S. & District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Sitamarhi P.S. Case No. 416 of 2018 for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 37 and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He was arrested in connection with recovery of 64 liters liquor from a bush. He further submits that from the memo of arrest, it appears that the petitioner was arrested from the vegetable market, and not from the place where the liquor was recovered.

Considering the totality of the fact that nothing was recovered from the possession of the petitioner and has no any criminal antecedent and also the fact that the petitioner is in

Patna High Court Cr.Misc. No.32573 of 2018 (2) dt.06-06-2018 2/2 custody since 22.04.2018 and has remained in custody for more than one and half months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 416 of 2018.

(Anil Kumar Upadhyay, J) Uday/- U T