Adil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19535 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- EAST CHAMPARAN GRP CASE DistrictEast Champaran ====================================================== Adil Khan, Son of Haitulla Khan, Resident of Village-Motipur Ward No.6, P.S.-Motipur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.01.2019 in a case registered for the offences punishable under Sections 379/411/34 of the Indian Penal Code and Section 37(b) of the Bihar Prohibition and Excise Act, 2016. It is alleged that the petitioner was handed over to the police while trying to snatch mobile phone and purse of the daughter of the informant and he was found in inebriated condition.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner was apprehended from the

Patna High Court CR. MISC. No.19535 of 2019(2) dt.01-04-2019 2/2 spot but he was miller put to breath analyser test nor any recovery was made from his conscious physical possession. Though, the petitioner is accused in one another but he is on bail in that case.

Learned APP submits that the petitioner was apprehended from the spot in inebriated condition. Considering the nature of accusation not being corroborated by any breath analyser test report, let the above named petitioner 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 7th Additional Sessions Judge -cum- Special Judge, Excise, East Champaran at Motihari in connection with Motihari Rail P.S. Case No. 08 of 2019. (Dinesh Kumar Singh, J) DKS/- U T