Md. Shafique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1466 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Md. Shafique S/o Md. Abdul Shakur, resident of Village Dahaura, PS Manigachhi, District Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kusum Rani For the Opposite Party/s :
Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bahera PS Case No. 469 of 2018 for the alleged offence punishable under Section 30(a), 32(iii)/41(1) of the Bihar Prohibition and Excise Act, 2016.
In the instant case, 162 liters of liquor was recovered from a Tata Sumo Victa vehicle bearing Registration No. BR32F/0991.Learned counsel appearing for the petitioner submits that petitioner is the driver of the vehicle and merely on suspicion he has been made accused in the case. Nothing was recovered from the conscious possession of the petitioner. Learned counsel further submits that petitioner has no criminal
Patna High Court Cr.Misc. No.1466 of 2019(2) dt.28-01-2019 2/2 antecedent and he is in custody since 28.10.2018. Considering the fact that petitioner has no criminal antecedent and he has remained in custody since 28.10.2018, this application 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 Addl. District Judge IVth-cum-Special Judge, Excise, Darbhanga in connection with Bahera PS Case No. 469 of 2018.
(Anil Kumar Upadhyay, J) mrl./- U T