Patna High CourtCR. MISC./60710/2017bail granted

Md. Arif @ Md. Aasif And ANR v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60710 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Md. Arif @ md. Aasif, S/o- Md. Azam

2. Md. Eklakh, S/o- Md. Jahagir Both resident of Village- Nawada Tola Bholaki Chak, P.S.- Dalsinghsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Dasingsarai PS case no. 303 of 2017 instituted for the offences punishable under Sections 30(a), 38(1), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of English wine from the various vehicles at the place of occurrence. It is submitted by the learned counsel for the petitioners that petitioners are labourer and they have nothing to do with the alleged recovery of articles. It is further submitted that as far as petitioner no. 1 is concerned, one other case is pending against him in which, he is on bail and as far as the petitioner no. 2

Patna High Court Cr.Misc. No.60710 of 2017 (2) dt.21-12-2017 2/2 is concerned, he has clean antecedent.

Considering the nature of accusation and the period of custody already undergone, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge-cumSpecial Judge, Samastipur in connection with Dalsingsarai PS case no. 303 of 2017.

(Mohit Kumar Shah, J.) rinkee/- U t