Patna High CourtCR. MISC./19763/2019allowed

Samsuddin Ansari v. The State Of Bihar

2019-04-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19763 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

SAMSUDDIN ANSARI Son of - Hamid Miya Resident of VillageAsurbadh, P.S.- Doridih, District- Giridih. 2.

Anurag Kumar Son of - Ramesh Kumar Sah Resident of Village- Tardh Mohanpur (Bokaro), P.S.- Bokaro, District- Bokaro. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-04-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody in connection with Chautham P.S. Case No. 28 of 2019, G.R. No. 339 of 2019 registered for the offence punishable under Sections 273/120(B)/34 of the Indian Penal Code and Section 30 (a), of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. He further submits that in the instant case total 509 liters 580 ml of liquor was seized from the truck. Learned counsel for the petitioner further submits that petitioners are driver and Khalasi of the truck from

Patna High Court CR. MISC. No.19763 of 2019(2) dt.01-04-2019 2/2 where the above said recovery was made. Learned counsel for the petitioners submits that petitioners are neither owner of the vehicle nor owner of the seized liquor and they are in custody since 09.02.2019.

Considering the fact that petitioners have no criminal antecedent and they are driver and Khalasi of the vehicle, the Court is inclined to grant bail to the petitioners. Let, the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-IInd- cum- Special Judge, (Excise), Khagaria in connection with Chautham P.S. Case No. 28 of 2019, G.R. No. 339 of 2019.

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