Md. Asif And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40644 of 2016 Arising Out of PS.Case No. -273 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Md. Asif, son of Md. Munifuddin, Resident of Village - Jamuliddinchak Sarari Gumti, P.S. - Shahpur Dananpur, District - Patna.

2. Ravi Kumar, son of Late Vishwanath Prasad, resident of Village - Saidpura Kali Asthan, P.S. - Khagaul, District - Patna. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-10-2016 Heard Sri Shashi Bhushan Kumar, learned counsel, who was assisted by Mr. Syed Asghar Najmi, learned counsel for the petitioners and Sri Yogendra Kumar, learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 27.07.2016 in Barachatti P.S. Case No.273 of 2016 registered for the offence under Sections 272, 273 of the Indian Penal Code and under Section 47(a) of the Bihar Excise (Amendment) Act, 2016, have prayed for grant of bail.

It was submitted by learned counsel for the petitioners that on false accusation of recovery of huge quantity of foreign liquor, petitioners were arrested. He submits that

Patna High Court Cr.Misc. No.40644 of 2016 (2) dt.05-10-2016 2/2 petitioners are having clean antecedent, which fact has been stated in paragraph-3 of the petition.

Learned Addl. Public Prosecutor, opposing the prayer for bail of the petitioners, submits that huge quantity of foreign liquor was recovered from the possession of the petitioners.

Be that as it may, keeping in view the nature of accusation, period of custody as well as clean antecedent of the petitioners, let both the aforesaid petitioners, namely, (i) Md. Asif and (ii) Ravi Kumar, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No.273/2016.

(Rakesh Kumar, J) NKS/- U T