Patna High CourtCR. MISC./70687/2018bail granted

Abdul Ahad v. The State Of Bihar

2018-12-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70687 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Abdul Ahad Son of Late Baharuddin, resident of Village- Bagmara Ward No. 2, Police Station- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Learned counsel for the petitioner is given liberty to make necessary correction in para 6 of bail petition during course of day.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Special Case No. 1199/2018, arising out of Jokihat P.S. Case No. 304/2018, instituted for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that total 370.440 litres of foreign liquor was recovered from a pick-up van, which was hidden inside the stone chips. Petitioner along with Md. Saddam were apprehended by the police.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.70687 of 2018(2) dt.04-12-2018 2/2 confessional statement of Md. Saddam has been recorded wherein he has admitted that he is owner of the aforesaid vehicle. He had purchased aforesaid liquor from Tanmay Kumar Dey and Bishnu Shankar Prasad. He further disclosed that petitioner was merely a passenger in the vehicle, who had taken lift.

Petitioner has clean antecedent. He is in custody since 05.10.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Addl. Sessions Judge-cum-Special Judge, Araria in connection with Special Case No. 1199/2018, arising out of Jokihat P.S. Case No. 304/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T