Mohamad Taz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41264 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Mohamad Taz Alam S/o Md. Ijaharul Hak, R/o Vill.- Dubha, P.S.- Desari (O.P. Sah...), District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2018 Heard the learned counsel for the petitioner and State. The petitioner is in custody in connection with Mahua P.S. Case No. 23 of 2018 for the offence under Sections 30(A, 32(ii), 38(ii), 41(i)) of the Bihar Prohibition and Excise Act and Section 414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel submits that the aforesaid liquor was not seized form the conscious possession of the petitioner it was seized from the pick-up van, Indica car and other vehicle. The vehicle used in the instant case does not belong to the petitioner.

Considering the fact that the petitioner has no criminal antecedent and nothing was recovered from the possession of the petitioner, the petitioner, named above, is directed to be

Patna High Court Cr.Misc. No.41264 of 2018(2) dt.11-07-2018 2/2 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 Additional Sessions Judge-IIcum-Special Judge, Vaishali at Hajilpur, in connection with Mahua P.S. Case No. 23 of 2018.

(Anil Kumar Upadhyay, J.) Rajiv/- U T