Md. Asfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24452 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== MD. ASFAQUE Son of Md. Alam @ Alamgir Ansari Resident of Village - Cheriya Bariyarpur, ward no. 01, Sripur, P.S.- Cheriya Bariyarpur, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-05-2019 Heard the parties.

The petitioner seeks regular bail in connection with Cheriya Bariarpur P.S.Case no.25 of 2019 dated 19.2.2019 registered for offences punishable under Sections 188 , 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016..

Prosecution story is that there is recovery of 23 ltrs. of liquor from the tempo of the petitioner.

Submission of the learned counsel for the petitioner is that recovery is from the other co-accused, the tempo is registered in the name of his wife and he has no criminal antecedent. He is in custody for three months. The charge sheet

Patna High Court CR. MISC. No.24452 of 2019(3) dt.22-05-2019 2/2 has already been submitted and there is no chance of tampering with the evidence.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstanc2019es, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II, Begusarai cum Special Judge, Bihar Prohibition and Excise Act, 2016 in connection with Bariarpur P.S.Case no.25 of 2019 dated 19.2.2019..

With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T