Md. Abdul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16834 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== MD. ABDUL, S/o Md. Alam, Resident of Village-Gangjala Saharsa, Ward No. 15, P.S. and District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anupa Nand Jha, Advocate.

For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bihpur (Bhawanipur) P.S. Case No. 164 of 2018, instituted for the offence under Section(s) 30(a) and 38(1) of Bihar Prohibition of Excise Act, 2016.

It is alleged in the written report that 264 litres of country made liquor has been recovered from Wagon-r vehicle. Counsel for the petitioner submits that petitioner was not present on the spot. There is no signature of petitioner on the seizure list. Petitioner has been arrested on 14.12.2018 merely on the ground that he was driver of the aforesaid vehicle.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.16834 of 2019(2) dt.26-03-2019 2/2 the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Bhagalpur, in connection with Bihpur (Bhawanipur) P.S. Case No. 164 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T