Patna High CourtCR. MISC./16301/2019bail granted

Md. Saddam @ Mohammad Sadam v. The State Of Bihar

2019-03-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16214 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- JOGBANI District- Araria ====================================================== MD. KARI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16301 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- JOGBANI District- Araria ====================================================== MD. SADDAM @ MOHAMMAD SADAM ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 16214 of 2019) For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Gauri Shankar Gupta (In CRIMINAL MISCELLANEOUS No. 16301 of 2019) For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 21.1.2019 in a case registered for the offences punishable under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that three persons were apprehended on three motorcycles and altogether 141 litres

Patna High Court CR. MISC. No.16214 of 2019(2) dt.15-03-2019 2/2 Nepali liquor were recovered.

It is submitted by learned counsel for the petitioners that only on the basis of suspicion the petitioners have been apprehended. Statements have been made in paragraph 3 of both the petitions that the petitioners are not having any criminal antecedent.

Learned APP submits that the recovery has been made from the motorcycles on which the petitioners were travelling. Considering the period under custody and the statements being made in paragraph 3 of the petitions that the petitioners are not having any criminal antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Araria in connection with Jogbani P.S. Case No.23 of 2019.

(Dinesh Kumar Singh, J) anil/- U