Patna High CourtCR. MISC./18177/2019bail granted

Chhotakin @ Afroj Alam @ Afroz Khan v. The State Of Bihar

2019-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18177 of 2019 Arising Out of PS. Case No.-470 Year-2017 Thana- ARARIA District- Araria ====================================================== CHHOTAKIN @ AFROJ ALAM @ AFROZ KHAN Son of Samirul Haque Resident of Village - Churipatti Ward No.15, P.S. and District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Rajiv Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2019 This application, for grant of anticipatory bail, arises out of Araria P.S. Case No. 470 of 2017, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 9 litres of liquor from Omni vehicle and 94 litres from Tata Sumo vehicle and the driver of the vehicle disclosed the name of petitioner as the person, who had hired the Omni vehicle.

Submission of learned counsel for the petitioner is that save and except the statement of the driver, there is nothing against the petitioner and he neither has any concern with the alleged recovery nor with the vehicle, from which recovery was made. A statement has been made in paragraph -3 that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.18177 of 2019(2) dt.03-04-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions Judge cum Special Judge, Araria, in connection with Araria P.S. Case No. 470 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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