Md. Nasruddin @ Md. Nasiruddin @ Md. Narsuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54534 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Md. Nasruddin @ Md. Nasiruddin @ Md. Narsuddin, Son of Abdul Sattar, resident of Village- Damodarpur near Highway Chowk, P.S. Kanti, Dist.- Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. S. Jamil Akhtar, Davocate For the Opposite Party : Mr. Sri Chandra Bhushan Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rail Barauni P.S Case No. 92 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act.

Allegedly, 45 bottles of Royal Stag Classic Whisky each containing one liter was recovered from the bag of the petitioner and the petitioner was apprehended. Submission is of false implication and that the bag does not belong to the petitioner, he has been made victim of the circumstances, the petitioner is suffering in custody since

Patna High Court Cr.Misc. No.54534 of 2016 (2) dt.23-12-2016 2/2 12.09.2016 and now he has been sufficiently penalized. Learned A.P.P. opposes the payer of bail.

In the facts and circumstances stated above, considering the detention of the petitioner now the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Chief Railway Judicial Magistrate, Barauni, in connection with Rail Barauni P.S. Case No. 92 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T