Md. Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17703 of 2019 Arising Out of PS. Case No.-546 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== MD. AKHTAR HUSSAIN, aged about 35 years(M), Son of Abdul Gani Siddique Resident of Village- Barun, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioner apprehends his arrest in Barachatti P.S. Case No.546 of 2016 registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 32(2), 38 and 47 of Bihar Prohibition and Excise Act.

The informant, police official of Barachatti P.S. alleged that on secret information, he intercepted an auto rickshaw bearing registration No.BR-26H-5639 and apprehended three women who were found carrying country made liquor. Suraj Kumar, the driver of the auto rickshaw disclosed that he purchased the auto rickshaw from the petitioner through an agreement to sale.

The learned counsel for the petitioner submits that petitioner has no manner of concern with the auto rickshaw. He

Patna High Court CR. MISC. No.17703 of 2019(2) dt.26-03-2019 2/2 has already sold the auto rickshaw and the driver of the auto rickshaw was carrying the passengers and the passengers were carrying bags containing country made liquor. Taking into consideration the facts that the petitioner was the erstwhile owner of the auto rickshaw and petitioner had already sold the auto rickshaw, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No.546 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T